Utah Code § 19-6-408 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-408
§ 19-6-408. Petroleum storage tank registration fee -- Processing fee.
Status: in_force

(1) The department may assess an annual petroleum storage tank registration fee against an owner or operator of a petroleum storage tank that has not been closed. These fees shall be: (a) billed per facility; (b) due on July 1 annually; (c) deposited with the department as dedicated credits; (d) used by the department for the administration of the petroleum storage tank program outlined in this part; and (e) established under Section 63J-1-504. (2) (a) As used in this Subsection (2), "financial assurance mechanism document" may be a single document that covers more than one facility through a single financial assurance mechanism. (b) (i) In addition to the fee under Subsection (1), an owner or operator of a petroleum storage tank who elects to demonstrate financial assurance through a mechanism other than the Environmental Assurance Program shall pay a processing fee established under Section 63J-1-504. (ii) This Subsection (2)(b) does not apply to a self-insured public entity. (c) If a combination of financial assurance mechanisms is used to demonstrate financial assurance, the fee under Subsection (2)(b) shall be paid for each document submitted. (3) Money provided for administration of the petroleum storage tank program under this section that is not expended at the end of the fiscal year lapse into the Petroleum Storage Tank Restricted Account created in Section 19-6-405.5. (4) The director shall provide all owners or operators who pay the annual petroleum storage tank registration fee a certificate of registration. (5) (a) The director may issue a notice of agency action assessing a civil penalty of $1,000 per facility if an owner or operator of a petroleum storage tank facility fails to pay the required fee within 60 days after the July 1 due date. (b) The registration fee and late payment penalty accrue interest at 12% per annum. (c) If the registration fee, late payment penalty, and interest accrued under this Subsection (5) are not paid in full within 60 days after the July 1 due date any certificate of compliance issued prior to the July 1 due date lapses. The director may not reissue the certificate of compliance until full payment under this Subsection (5) is made to the department. (d) The director may waive any penalty assessed under this Subsection (5) if no fuel has been dispensed from the tank on or after July 1, 1991.
Utah Code § 19-3-312 — Utah Code / Title 19 / Chapter 19-3 / § 19-3-312
§ 19-3-312. Enforcement -- Penalties.
Status: in_force

(1) When the department or the governor has probable cause to believe a person is violating or is about to violate any provision of this part, the department or the governor shall direct the state attorney general to apply to the appropriate court for an order enjoining the person from engaging in or continuing to engage in the activity. (2) In addition to being subject to injunctive relief, any person who violates any provision of this part is subject to a civil penalty of up to $10,000 per day for each violation. (3) Any person who knowingly violates a provision of this part is guilty of a class A misdemeanor and subject to a fine of up to $10,000 per day. (4) Any person or organization acting to facilitate a violation of any provision of this part regarding the regulation of greater than class C radioactive waste or high-level nuclear waste is subject to a civil penalty of up to $10,000 per day for each violation, in addition to being subject to injunctive relief. (5) Any person or organization who knowingly acts to facilitate a violation of this part regarding the regulation of high-level nuclear waste or greater than class C radioactive waste is guilty of a class A misdemeanor and is subject to a fine of up to $10,000 per day. (6) (a) This section does not impose a civil or criminal penalty on any Utah-based nonprofit trade association due to the membership in the organization of a member that is engaging in, or attempting to engage in, the placement of high-level nuclear waste or greater than class C radioactive waste at a storage facility or transfer facility within the state. (b) Subsection (6)(a) does not apply to a nonprofit trade association if that association takes any affirmative action to promote or assist any individual or organization in efforts to conduct any activity prohibited by this part. (c) A member of any Utah-based nonprofit trade association is not exempt from any civil or criminal liability or penalty due to membership in the association.
Utah Code § 19-6-721 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-721
§ 19-6-721. Violations -- Proceedings -- Orders -- Reimbursement for expenses.
Status: in_force

(1) A person who violates any provision of this part or any order, permit, rule, or other requirement issued or adopted under this part is subject in a civil proceeding to a penalty of not more than $10,000 per day for each day of violation, in addition to any fine otherwise imposed for violation of this part. (2) (a) The director may bring suit in the name of the state to restrain the person from continuing the violation and to require the person to perform necessary remediation. (b) Suit under Subsection (2)(a) may be brought in any court in the state having jurisdiction in the county of residence of the person charged or in the county where the violation is alleged to have occurred. (c) The court may grant prohibitory and mandatory injunctions, including temporary restraining orders. (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) 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 account created in Section 19-6-719.
Utah Code § 19-6-502 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-502
§ 19-6-502. Definitions.
Status: in_force

As used in this part: (1) (a) "Advanced recycling" means a manufacturing process that converts post-use polymers or recovered feedstock into basic raw materials, chemicals, or advanced recycling products using technology including: (i) pyrolysis; (ii) gasification; (iii) depolymerization; (iv) catalytic cracking; (v) reforming; (vi) hydrogenation; (vii) solvolysis; or (viii) chemolysis. (b) "Advanced recycling" does not include incineration of plastics, energy recovery processes, or a product sold as fuel. (2) "Advanced recycling facility" means a manufacturing facility: (a) that is registered with the Division of Waste Management and Radiation Control, created in Subsection 19-1-105(1)(d); (b) that receives, stores, and converts post-use polymers or recovered feedstock using advanced recycling; (c) that is subject to applicable Department of Environmental Quality manufacturing regulations for air, water, waste, and land use; and (d) for which the feedstock received by the manufacturing facility is source-separated, diverted, or recovered from municipal or other waste streams prior to acceptance at the facility. (3) "Advanced recycling product" means a recycled product produced at an advanced recycling facility, including: (a) a monomer; (b) an oligomer; (c) a plastic; (d) a chemical feedstock; (e) a basic and unfinished chemical; (f) a wax; (g) a lubricant; (h) a coating; or (i) an adhesive. (4) "Depolymerization" means a manufacturing process that breaks post-use polymers into smaller molecules to produce raw materials or products. (5) "Gasification" means a manufacturing process that: (a) heats post-use polymers or recovered feedstock in an oxygen-controlled atmosphere; and (b) following the process described in Subsection (5)(a), converts the polymers or recovered feedstock into syngas or a raw, intermediate, or final product. (6) "Governing body" means the governing board, commission, or council of a public entity. (7) "Jurisdiction" means the area within the incorporated limits of: (a) a municipality; (b) a special service district; (c) a municipal-type service district; (d) a service area; or (e) the territorial area of a county not lying within a municipality. (8) "Long-term agreement" means an agreement or contract having a term of more than five years but less than 50 years. (9) "Mass balance attribution" means a chain of custody accounting methodology with rules defined by a third-party certification system that enables the attribution of the mass of advanced recycling feedstock to at least one advanced recycling product. (10) "Municipal residential waste" means solid waste that is: (a) discarded or rejected at a residence within the public entity's jurisdiction; and (b) collected at or near the residence by: (i) a public entity; or (ii) a person with whom the public entity has as an agreement to provide solid waste management. (11) "Post-use polymer" means a plastic that: (a) is derived from an industrial, commercial, agricultural, or domestic activity; (b) includes pre-consumer materials and post-consumer materials; (c) has been sorted from solid waste and other regulated waste but may contain residual amounts of waste including organic material and incidental contaminants or impurities; (d) is not mixed with solid waste or hazardous waste during processing at the advanced recycling facility; (e) is used as a feedstock for the manufacturing of raw materials, intermediate products, or final products using advanced recycling; and (f) is held for processing or processed at the advanced recycling facility. (12) "Product sold as fuel" does not mean a recycled product. (13) "Public entity" means: (a) a county; (b) a municipality; (c) a special service district under Title 17D, Chapter 1, Special Service District Act; (d) a service area under Title 17B, Chapter 2a, Part 9, Service Area Act; or (e) a municipal-type service district created under Title 17, Chapter 78, Part 5, Provision of Municipal-Type Services to Unincorporated Areas. (14) "Pyrolysis" means a manufacturing process that: (a) heats post-use polymers or recovered feedstock, without oxygen, until melted and thermally decomposed; and (b) following the process described in Subsection (14)(a), cools, condenses, and converts post-use polymers or recovered feedstock into raw materials and intermediate and final products. (15) (a) "Recovered feedstock" means a material: (i) that includes post-use polymers; (ii) for which the United States Environmental Protection Agency made a non-waste determination or has otherwise determined is feedstock and solid waste; or (iii) that is converted using an advanced recycling process after storage of less than 270 days. (b) "Recovered feedstock" does not include unprocessed municipal solid waste or recovered feedstock that is not mixed with solid waste or hazardous waste onsite, or during processing, at an advanced recycling facility. (16) "Recycled plastic" means a product produced from: (a) mechanical recycling of pre-consumer feedstock or plastic, or post-consumer plastic; (b) the advanced recycling of pre-consumer feedstock or plastic, or post-consumer plastic, using mass balance attribution under a third-party certification system; or (c) a recycled material, as that term is defined in Section 4-10-102. (17) "Requirement" means an ordinance, policy, rule, mandate, or other directive that imposes a legal duty on a person. (18) "Residence" means an improvement to real property used or occupied as a primary or secondary detached single-family dwelling. (19) "Resource recovery" means the separation, extraction, recycling, or recovery of usable material, energy, fuel, or heat from solid waste and the disposition of it. (20) "Short-term agreement" means a contract or agreement having a term of five years or less. (21) (a) "Solid waste" means a putrescible or nonputrescible material or substance discarded or rejected as being spent, useless, worthless, or in excess of the owner's needs at the time of discard or rejection, including: (i) garbage; (ii) refuse; (iii) industrial and commercial waste; (iv) sludge from an air or water control facility; (v) rubbish; (vi) ash; (vii) contained gaseous material; (viii) incinerator residue; (ix) demolition and construction debris; (x) a discarded automobile; and (xi) offal. (b) "Solid waste" does not include: (i) sewage or another highly diluted water carried material or substance and those in gaseous form; or (ii) post-use polymers or recovered feedstock that are converted or held at an advanced recycling facility. (22) (a) "Solid waste management" means the purposeful and systematic collection, transportation, storage, processing, recovery, or disposal of solid waste. (b) "Solid waste management" does not include advanced recycling. (23) (a) "Solid waste management facility" means a facility employed for solid waste management, including: (i) a transfer station; (ii) a transport system; (iii) a baling facility; (iv) a landfill; and (v) a processing system, including: (A) a resource recovery facility; (B) a facility for reducing solid waste volume; (C) a plant or facility for compacting, or composting, of solid waste; (D) an incinerator; (E) a solid waste disposal, reduction, pyrolization, or conversion facility; (F) a facility for resource recovery of energy consisting of: (I) a facility for the production, transmission, distribution, and sale of heat and steam; (II) a facility for the generation and sale of electric energy to a public utility, municipality, or other public entity that owns and operates an electric power system on March 15, 1982; and (III) a facility for the generation, sale, and transmission of electric energy on an emergency basis only to a military installation of the United States; and (G) an auxiliary energy facility that is connected to a facility for resource recovery of energy as described in Subsection (23)(a)(v)(F), that: (I) is fueled by natural gas, landfill gas, or both; (II) consists of a facility for the production, transmission, distribution, and sale of supplemental heat and steam to meet all or a portion of the heat and steam requirements of a military installation of the United States; and (III) consists of a facility for the generation, transmission, distribution, and sale of electric energy to a public utility, a municipality described in Subsection (23)(a)(v)(F)(II), or a political subdivision created under Title 11, Chapter 13, Interlocal Cooperation Act. (b) "Solid waste management facility" does not mean a facility that: (i) accepts and processes metal, as described in Subsection 19-6-102(19)(b), by separating, shearing, sorting, shredding, compacting, baling, cutting, or sizing to produce a principle commodity grade product of prepared scrap metal for sale or use for remelting purposes provided that any byproduct or residual that would qualify as solid waste is managed at a solid waste management facility; or (ii) accepts and processes paper, plastic, rubber, glass, or textiles that: (A) have been source-separated or otherwise diverted from the solid waste stream before acceptance at the facility and that are not otherwise hazardous waste or subject to conditions of federal hazardous waste regulations; and (B) are reused or recycled as a valuable commercial commodity by separating, shearing, sorting, shredding, compacting, baling, cutting, or sizing to produce a principle commodity grade product, provided that any byproduct or residual that would qualify as solid waste is managed at a solid waste management facility. (c) "Solid waste management facility" does not include an advanced recycling facility. (24) "Solvolysis" means a manufacturing process that: (a) purifies post-use polymers using solvents, while heated at low temperatures or pressurized, allowing additives and contaminants to be removed; (b) uses technology, including: (i) hydrolysis; (ii) aminolysis; (iii) ammonoloysis; (iv) methanoloysis; or (v) glycolysis; and (c) manufactures products, including: (i) monomers; (ii) intermediates; (iii) valuable chemicals; (iv) chemical feedstock; or (v) raw materials. (25) "Third-party certification system" means an international or multinational third-party certification system of rules to implement mass balance attribution approaches for advanced recycling, including: (a) International Sustainability and Carbon Certification; (b) Underwriter Laboratories; (c) SCS Recycled Content; (d) Roundtable on Sustainable Biomaterials; (e) Ecoloop; or (f) REDcert2.
Utah Code § 19-6-402.5 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-402.5
§ 19-6-402.5. Retroactive effect.
Status: in_force

(1) The Legislature finds the definitions in this part prior to the passage of this act did not clearly set forth procedures for identifying responsible parties and 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 regarding procedures for allocating responsibility for the costs of investigation, abatement, and corrective action as required under this part. (3) It is the intent of the Legislature that this part imposes liability as determined under this part retroactively to any release of petroleum or any other regulated substance subject to investigation, abatement, or corrective action under this part.
Utah Code § 19-2-109 — Utah Code / Title 19 / Chapter 19-2 / § 19-2-109
§ 19-2-109. Air quality standards -- Hearings on adoption -- Notice requirements -- Orders of director -- Adoption of emission control requirements.
Status: in_force

(1) (a) The board, in adopting standards of quality for ambient air, shall conduct public hearings. (b) Notice of any public hearing for the consideration, adoption, or amendment of air quality standards shall specify the locations to which the proposed standards apply and the time, date, and place of the hearing. (c) The notice shall be: (i) published for the area affected, as a class A notice under Section 63G-30-102, for at least 20 days; and (ii) mailed at least 20 days before the public hearing to the chief executive of each political subdivision of the area affected and to other persons the director has reason to believe will be affected by the standards. (d) The adoption of air quality standards or any modification or changes to air quality standards shall be by order of the director following formal action of the board with respect to the standards. (e) The order shall be published: (i) for the area affected, as a class A notice under Section 63G-30-102, for at least 20 days; and (ii) as required in Section 45-1-101. (2) (a) The board may establish emission control requirements by rule that in its judgment may be necessary to prevent, abate, or control air pollution that may be statewide or may vary from area to area, taking into account varying local conditions. (b) In adopting these requirements, the board shall give notice and conduct public hearings in accordance with the requirements in Subsection (1).
Utah Code § 19-3-315 — Utah Code / Title 19 / Chapter 19-3 / § 19-3-315
§ 19-3-315. Transportation requirements.
Status: in_force

(1) A person may not transport wastes in the state, including on highways, roads, rail, by air, or otherwise, without: (a) having received approval from the state Department of Transportation; and (b) having demonstrated compliance with rules of the state Department of Transportation. (2) The Department of Transportation may: (a) make rules requiring a transport and route approval permit, weight restrictions, tracking systems, and state escort; and (b) assess appropriate fees as established under Section 63J-1-504 for each shipment of waste, consistent with the requirements and limitations of federal law. (3) The Department of Environmental Quality shall establish any other transportation rules as necessary to protect the public health, safety, and environment. (4) Unless expressly authorized by the governor, with the concurrence of the Legislature, an easement or other interest in property may not be granted upon any lands within the state for a right of way for any carrier transportation system that: (a) is not a class I common or contract rail carrier organized and doing business prior to January 1, 1999; and (b) transports high level nuclear waste or greater than class C radioactive waste to a storage facility within the state.
Utah Code § 19-6-308 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-308
§ 19-6-308. Hazardous Substances Mitigation Fund -- Prohibited uses.
Status: in_force

The executive director may not use fund money to pay for: (1) property damage or bodily injury resulting from a hazardous material or substance release; or (2) property damage or bodily injury resulting from remedial studies or abatement action taken to address a hazardous material or substance release.
Utah Code § 19-13-110 — Utah Code / Title 19 / Chapter 19-13 / § 19-13-110
§ 19-13-110. Recycling market development zone credit.
Status: in_force

For a taxpayer within a recycling market development zone, there are allowed the nonrefundable credits against tax as provided by Sections 59-7-610 and 59-10-1007.
Utah Code § 19-3-311 — Utah Code / Title 19 / Chapter 19-3 / § 19-3-311
§ 19-3-311. Length of license.
Status: in_force

(1) Any construction and operating license shall be issued for a term established by department rule, but the term may not be longer than 20 years. (2) The term of the license may be extended beyond 20 years only by approval of the department, the Legislature, and the governor.
Utah Code § 19-11-401 — Utah Code / Title 19 / Chapter 19-11 / § 19-11-401
§ 19-11-401. Bylaws of board to be filed.
Status: in_force

Pursuant to Article II(j) of the compact, the board shall file copies of its bylaws and any amendments thereto with the Division of Archives.
Utah Code § 19-8-113 — Utah Code / Title 19 / Chapter 19-8 / § 19-8-113
§ 19-8-113. Applicant's release from liability.
Status: in_force

(1) (a) An applicant who is not responsible for the contaminant or contamination under the provisions listed in Subsection (1)(b) at the time the applicant applies to enter into a voluntary cleanup agreement under this chapter is released by issuance of a certificate of completion under Section 19-8-111 from all liability to the state for cleanup of property covered by the certificate and from all liability for claims arising under state law for contribution regarding matters addressed by the certificate of completion, except for any releases or consequences the applicant causes. (b) Provisions referred to in Subsection (1)(a) are: (i) Chapter 5, Water Quality Act; (ii) Chapter 6, Part 1, Solid and Hazardous Waste Act; (iii) Chapter 6, Part 3, Hazardous Substances Mitigation Act; or (iv) Chapter 6, Part 4, Petroleum Storage Tank Act. (2) There is no release from liability under this chapter if a certificate of completion is obtained by fraud, misrepresentation, or the knowing failure to disclose material information. (3) (a) After a certificate of completion is issued under this chapter, an owner who then acquires property covered by the certificate, or a lender who then makes a loan secured by property covered by the certificate, is released from all liability to the state regarding property covered by the certificate for cleanup of contamination released before the date of the certificate, and from all liability for claims arising under state law for contribution regarding matters addressed by the certificate of completion, except under Subsection (3)(b). (b) A release of liability under Subsection (3)(a) is not available to an owner or lender under Subsection (3)(a) who: (i) was originally responsible for a release or contamination under: (A) Chapter 5, Water Quality Act; (B) Chapter 6, Part 1, Solid and Hazardous Waste Act; (C) Chapter 6, Part 3, Hazardous Substances Mitigation Act; or (D) Chapter 6, Part 4, Petroleum Storage Tank Act; (ii) changes the land use from the use specified in the certificate of completion if the changed use or uses may reasonably be expected to result in increased risks to human health or the environment; or (iii) causes further releases on the property covered by the certification. (c) A release under this Subsection (3) is subject to the limitations of Subsection (2). (4) The executive director may issue enforceable written assurances to a contiguous property owner of real property stating that no enforcement action under this part may be initiated against the contiguous property owner and providing the owner protection from state law cost recovery and contribution actions.
Utah Code § 19-6-818 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-818
§ 19-6-818. Local health department rules.
Status: in_force

(1) In accordance with Section 26A-1-121, the local health department shall make regulations to: (a) develop an application form; and (b) establish the procedure to apply for reimbursement. (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall make rules to implement this part. (3) The local health departments shall take into consideration the removal schedule of tire transporters or recyclers in a geographical area when making regulations governing the storage of waste tires at any business that generates waste tires, pending removal of those waste tires for recycling.
Utah Code § 19-6-808 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-808
§ 19-6-808. Payment of recycling fee -- Administrative charge.
Status: in_force

(1) A tire retailer shall pay the recycling fee 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 tire retailer is required to file a sales and use tax return with the commission monthly under Section 59-12-108; or (ii) the tire retailer 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 tire retailer is required to file a sales and use tax return with the commission quarterly under Section 59-12-107. (2) The payment shall be accompanied by a form prescribed by the commission. (3) (a) The proceeds of the fee shall be transferred by the commission to the fund for payment of partial reimbursement. (b) The commission shall retain and deposit an administrative charge in accordance with Section 59-1-306 from the revenues the commission collects from a fee under Section 19-6-805. (4) (a) The commission shall administer, collect, and enforce the fee authorized under this part in accordance with the same procedures used in the administration, collection, and enforcement of the state sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act, and Title 59, Chapter 1, General Taxation Policies. (b) A tire retailer may retain 2-1/2% of the recycling fee collected under this part for the cost of collecting the fee. (c) The exemptions provided in Section 59-12-104 do not apply to this part. (5) The fee imposed by this part is in addition to all other state, county, or municipal fees and taxes imposed on the sale of new tires.
Utah Code § 19-6-1309 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-1309
§ 19-6-1309. Solar panel recycling study -- Industry involvement -- Report.
Status: in_force

(1) As used in this section, "legislative committees" means: (a) the Public Utilities, Energy, and Technology Interim Committee; and (b) the Natural Resources, Agriculture, and Environment Interim Committee. (2) The division shall conduct a study on solar panel recycling in the state. (3) The study described in Subsection (2) shall include: (a) findings for: (i) the available methods and resources for solar panel recycling; (ii) minimizing the amount of hazardous waste generated by solar panel waste; and (iii) the recovery of commercially valuable materials from solar panel waste; and (b) recommendations for: (i) a convenient, safe, and environmentally responsible system to manage solar panel waste; (ii) a sustainable funding mechanism to encourage high solar panel recycling rates and proper waste management practices; (iii) a method to complete a hazardous waste analysis on solar panel waste to determine if the solar panel waste is hazardous; (iv) requiring a utility scale solar project to provide a decommission plan and decommission fee to the division; (v) development of a solar panel waste recycler registration system; (vi) development of a solar panel waste disposal site registration system; (vii) incentivizing the development of solar panel recycling in the state; and (viii) a fee to fund the implementation of the findings and recommendations described in this Subsection (3). (4) In conducting the study described in Subsection (2), the division shall consult with representatives from the following industries: (a) utility-scale solar facilities; (b) small-scale solar entities; and (c) recycling and waste management. (5) The division shall report to the legislative committees: (a) before November 30, 2026, a progress report of the study findings and recommendations described in Subsection (3); and (b) before July 1, 2027, a complete report of the study findings and recommendations described in Subsection (3).
Utah Code § 19-2-105 — Utah Code / Title 19 / Chapter 19-2 / § 19-2-105
§ 19-2-105. Duties of board.
Status: in_force

The board, in conjunction with the governing body of each county identified in Section 41-6a-1643 and other interested parties, shall order the director to perform an evaluation of the inspection and maintenance program developed under Section 41-6a-1643 including issues relating to: (1) the implementation of a standardized inspection and maintenance program; (2) out-of-state registration of vehicles used in Utah; (3) out-of-county registration of vehicles used within the areas required to have an inspection and maintenance program; (4) use of the farm truck exemption; (5) mechanic training programs; (6) emissions standards; and (7) emissions waivers.
Utah Code § 19-5-102 — Utah Code / Title 19 / Chapter 19-5 / § 19-5-102
§ 19-5-102. Definitions.
Status: in_force

As used in this chapter: (1) "Agriculture discharge": (a) means the release of agriculture water from the property of a farm, ranch, or feed lot that: (i) pollutes a surface body of water, including a stream, lake, pond, marshland, watercourse, waterway, river, ditch, and other water conveyance system of the state; (ii) pollutes the ground water of the state; or (iii) constitutes a significant nuisance on urban land; and (b) does not include: (i) runoff from a farm, ranch, or feed lot or return flows from irrigated fields onto land that is not part of a body of water; or (ii) a release into a normally dry water conveyance, unless the release reaches the water of a lake, pond, stream, marshland, river, or other active body of a water. (2) "Agriculture water" means: (a) water used by a farmer, rancher, or feed lot for the production of food, fiber, or fuel; (b) return flows from irrigated agriculture; and (c) agricultural storm water runoff. (3) "Board" means the Water Quality Board created in Section 19-1-106. (4) "Commission" means the Conservation Commission, created in Section 4-18-104. (5) "Contaminant" means a physical, chemical, biological, or radiological substance or matter in water. (6) "Director" means the director of the Division of Water Quality or, for purposes of groundwater quality at a facility licensed by and under the jurisdiction of the Division of Waste Management and Radiation Control, the director of the Division of Waste Management and Radiation Control. (7) "Discharge" means the addition of a pollutant to waters of the state. (8) "Discharge permit" means a permit issued to a person who: (a) discharges or whose activities would probably result in a discharge of pollutants into the waters of the state; or (b) generates or manages sewage sludge. (9) "Disposal system" means a system for disposing of wastes and includes sewerage systems and treatment works. (10) "Division" means the Division of Water Quality, created in Subsection 19-1-105(1)(e). (11) "Effluent limitations" means restrictions, requirements, or prohibitions, including schedules of compliance established under this chapter, that apply to discharges. (12) "Point source": (a) means discernible, confined, and discrete conveyance, including a pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged; and (b) does not include return flows from irrigated agriculture. (13) "Pollution" means a man-made or man-induced alteration of the chemical, physical, biological, or radiological integrity of waters of the state, unless the alteration is necessary for the public health and safety. (14) "Publicly owned treatment works" means a facility for the treatment of pollutants owned by the state, its political subdivisions, or other public entity. (15) "Schedule of compliance" means a schedule of remedial measures, including an enforceable sequence of actions or operations leading to compliance with this chapter. (16) "Sewage sludge" means solid, semisolid, or liquid residue removed during the treatment of municipal wastewater or domestic sewage. (17) "Sewerage system" means pipelines or conduits, pumping stations, and other constructions, devices, appurtenances, and facilities used for collecting or conducting wastes to a point of ultimate disposal. (18) "Total maximum daily load" means a calculation of the maximum amount of a pollutant that a body of water can receive and still meet water quality standards. (19) "Treatment works" means a plant, disposal field, lagoon, dam, pumping station, incinerator, or other works used for the purpose of treating, stabilizing, or holding wastes. (20) "Underground injection" means the subsurface emplacement of fluids by well injection. (21) "Underground wastewater disposal system" means a system for underground disposal of domestic wastewater discharges as defined by the board and the executive director. (22) "Waste" or "pollutant" means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water. (23) "Waters of the state": (a) means streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, that are contained within, flow through, or border upon this state or any portion of the state; and (b) does not include bodies of water confined to and retained within the limits of private property, and that do not develop into or constitute a nuisance, a public health hazard, or a menace to fish or wildlife.
Utah Code § 19-6-503 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-503
§ 19-6-503. Powers and duties of public entities.
Status: in_force

(1) Subject to the powers and rules of the department and except as provided by Section 19-6-507, a governing body of a public entity may: (a) supervise and regulate the collection, transportation, and disposition of solid waste generated within its jurisdiction; (b) provide a solid waste management facility to adequately handle solid waste generated or existing within or without its jurisdiction; (c) assume, by agreement, responsibility for the collection and disposition of solid waste whether generated within or without its jurisdiction; (d) enter into a short- or long-term interlocal agreement to provide for or operate a solid waste management facility with: (i) another public entity; (ii) a public agency, as defined in Section 11-13-103; (iii) a private person; or (iv) a combination of persons listed in Subsections (1)(d)(i) through (iii); (e) levy and collect a tax, fee, or charge or require a license as may be appropriate to discharge its responsibility for the acquisition, construction, operation, maintenance, and improvement of a solid waste management facility, including licensing a private collector operating within its jurisdiction; (f) require that solid waste generated within its jurisdiction be delivered to a solid waste management facility; (g) control the right to collect, transport, and dispose of solid waste generated within its jurisdiction; (h) agree that, according to Section 19-6-505, the exclusive right to collect, transport, and dispose of solid waste within its jurisdiction may be assumed by: (i) another public entity; (ii) a private person; or (iii) a combination of persons listed in Subsections (1)(h)(i) through (ii); (i) accept and disburse funds derived from a federal or state grant, a private source, or money that may be appropriated by the Legislature for the acquisition, construction, ownership, operation, maintenance, and improvement of a solid waste management facility; (j) contract for the lease or purchase of land, a facility, or a vehicle for the operation of a solid waste management facility; (k) establish one or more policies for the operation of a solid waste management facility, including: (i) hours of operation; (ii) character and kind of wastes accepted at a disposal site; and (iii) any other policy necessary for the safety of the operating personnel; (l) sell or contract for the sale, according to a short or long-term agreement, of usable material, energy, fuel, or heat separated, extracted, recycled, or recovered from solid waste in a solid waste management facility, on terms in its best interest; (m) pledge, assign, or otherwise convey as security for the payment of bonds, revenues and receipts derived from the sale or contract or from the operation and ownership of a solid waste management facility or an interest in it; (n) issue a bond according to Title 11, Chapter 14, Local Government Bonding Act; (o) issue industrial development revenue bonds according to Title 11, Chapter 17, Utah Industrial Facilities and Development Act, to pay the costs of financing a project consisting of a solid waste management facility on behalf of an entity that constitutes the users of a solid waste management facility project within the meaning of Section 11-17-2; (p) agree to construct and operate or to provide for the construction and operation of a solid waste management facility project, which project manages the solid waste of a public entity or private person, according to one or more contracts and other arrangements provided for in a proceeding according to which a bond is issued; and (q) issue a bond to pay the cost of establishing reserves to pay principal and interest on the bonds as provided for in the proceedings according to which the bonds are issued. (2) The power to issue a bond under this section is in addition to the power to issue a bond under Title 11, Chapter 17, Utah Industrial Facilities and Development Act.
Utah Code § 19-6-822 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-822
§ 19-6-822. Criminal penalties.
Status: in_force

A person is guilty of a third degree felony if the person knowingly or intentionally provides or submits false information under the following provisions: (1) Subsection 19-6-809(1)(a); (2) Subsection 19-6-809(1)(c); (3) Subsection 19-6-809(4); (4) Subsection 19-6-810(1)(c); (5) Subsection 19-6-810(2)(d); (6) Subsection 19-6-811(3)(b); (7) Subsection 19-6-811(6); (8) Subsection 19-6-811(7); (9) Subsection 19-6-812(2); or (10) Subsection 19-6-813(1).
Utah Code § 19-6-905 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-905
§ 19-6-905. Notification of property owner -- Notification of municipality or county.
Status: in_force

(1) (a) If the local health department determines a property is contaminated, it shall notify the owner of record that the property has been placed on the contamination list and shall provide to the owner information regarding remediation options and the requirements necessary to clean up the property, obtain certification that the property is decontaminated, and remove the property from the contamination list. (b) The notification shall include a deadline for the owner to provide to the local health department information on how the owner plans to address the contamination. (c) This part does not require that decontamination be conducted by a certified decontamination specialist. However, upon completion of the decontamination, the property must be determined to be decontaminated in accordance with Subsection 19-6-903(4)(c) in order to be removed from the contamination list. (2) If the local health department does not receive a response from the owner of record within the time period specified in the notice, or the owner of record advises the local health department that the owner does not intend to take action or that the reported property will be abandoned, the local health department shall notify the municipality in which the reported property is located, or the county, if the location is in an unincorporated area, of the owner of record's response or lack of response.
Utah Code § 19-8-109 — Utah Code / Title 19 / Chapter 19-8 / § 19-8-109
§ 19-8-109. Termination of agreement -- Cost recovery.
Status: in_force

(1) An agreement established under this chapter may be terminated by the executive director or the applicant by giving 15 days prior notice, in writing, to the other party. (2) (a) Only those costs incurred or obligated by the executive director prior to the date of termination of the agreement are recoverable under an agreement terminated under this section. Any unused amounts already paid by the applicant to the department as of the date of termination, other than the application fee, are refundable to the applicant. (b) The executive director shall provide to the applicant written and itemized notification of all costs for which the applicant is liable under this Subsection (2) within 90 days after the date the agreement is terminated. (3) If the applicant does not pay to the executive director the department's costs incurred in the voluntary cleanup within 90 days after the date the applicant receives written notice under Subsection (2)(b), the executive director may request the state attorney general to bring a court action in the name of the state to recover the amount the applicant owes under this section, and reasonable attorney's fees and court costs. (4) Termination of an agreement under this section does not affect any right of the: (a) executive director to recover costs under any other law; or (b) department to take enforcement and other action as allowed by law.
Utah Code § 19-8-110 — Utah Code / Title 19 / Chapter 19-8 / § 19-8-110
§ 19-8-110. Voluntary cleanup work plans and reports.
Status: in_force

(1) After the applicant and the executive director have signed the voluntary cleanup agreement, the applicant shall prepare and submit the appropriate work plans and reports to the executive director as provided in the agreement. (2) The executive director shall review and evaluate the work plans and reports for accuracy, quality, and completeness. (3) The executive director may approve a voluntary cleanup work plan or report, or if the executive director does not approve the work plan or a report, the executive director shall notify the applicant in writing concerning additional information or commitments necessary to obtain approval. (4) At any time during the evaluation of a work plan or report, the executive director may request the applicant to submit additional or corrected information. (5) After considering the proposed future use of the property that is the subject of the agreement, the executive director may approve work plans and reports submitted under this section that do not require removal or remedy of all discharges, releases, and threatened releases on the property if the applicant's response actions under the agreement: (a) will be completed in a manner that protects human health and the environment; (b) will not cause, contribute to, or exacerbate discharges, releases, or threatened releases on the property that are not required to be removed or remedied under the work plan; and (c) will not interfere with or substantially increase the costs of response actions to address any remaining discharges, releases, or threatened releases resulting from releases initially generated on the property.
Utah Code § 19-2-102 — Utah Code / Title 19 / Chapter 19-2 / § 19-2-102
§ 19-2-102. Definitions.
Status: in_force

As used in this chapter: (1) "1990 Clean Air Act" means the federal Clean Air Act as amended in 1990. (2) "Air pollutant" means a substance that qualifies as an air pollutant as defined in 42 U.S.C. Sec. 7602. (3) "Air pollutant source" means private and public sources of emissions of air pollutants. (4) "Air pollution" means the presence of an air pollutant in the ambient air in the quantities, for a duration, and under the conditions and circumstances that are injurious to human health or welfare, animal or plant life, or property, or would unreasonably interfere with the enjoyment of life or use of property, as determined by the rules adopted by the board. (5) "Ambient air" means that portion of the atmosphere, external to buildings, to which the general public has access. (6) "Asbestos" means the asbestiform varieties of serpentine (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite, anthophyllite, actinolite-tremolite, and libby amphibole. (7) "Asbestos-containing material" means a material containing more than 1% asbestos, as determined using the method adopted in 40 C.F.R. Part 61, Subpart M, National Emission Standard for Asbestos. (8) "Asbestos inspection" means an activity undertaken to determine the presence or location, or to assess the condition of, asbestos-containing material or suspected asbestos-containing material, whether by visual or physical examination, or by taking samples of the material. (9) "Board" means the Air Quality Board. (10) "Clean school bus" means the same as that term is defined in 42 U.S.C. Sec. 16091. (11) "Director" means the director of the Division of Air Quality. (12) "Division" means the Division of Air Quality created in Section 19-1-105. (13) "EPA" means the federal Environmental Protection Agency. (14) "Friable asbestos-containing material" means a material containing more than 1% asbestos, as determined using the method adopted in 40 C.F.R. Part 61, Subpart M, National Emission Standard for Asbestos, that hand pressure can crumble, pulverize, or reduce to powder when dry. (15) "Indirect source" means a facility, building, structure, or installation which attracts or may attract mobile source activity that results in emissions of a pollutant for which there is a national standard. (16) "Operating permit" means a permit issued by the director to sources of air pollution that meet the requirements of Titles IV and V of the 1990 Clean Air Act. (17) "Regulated pollutant" means the same as that term is defined in Title V of the 1990 Clean Air Act and implementing federal regulations.
Utah Code § 19-6-723 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-723
§ 19-6-723. Local ordinances regarding used oil.
Status: in_force

Any political subdivision of the state may enact and enforce ordinances regarding the management of used oil that are consistent with this part.
Utah Code § 19-5-121 — Utah Code / Title 19 / Chapter 19-5 / § 19-5-121
§ 19-5-121. Underground wastewater disposal systems -- Certification required to design, inspect, maintain, or conduct percolation or soil tests -- Exemptions -- Rules -- Fees.
Status: in_force

(1) As used in this section, "maintain" does not include the pumping of an underground wastewater disposal system. (2) (a) Except as provided in Subsections (2)(b) and (2)(c), beginning January 1, 2002, a person may not design, inspect, maintain, or conduct percolation or soil tests for an underground wastewater disposal system, without first obtaining certification from the board. (b) An individual is not required to obtain certification from the board to maintain an underground wastewater disposal system that serves a noncommercial, private residence owned by the individual or a member of the individual's family and in which the individual or a member of the individual's family resides or an employee of the individual resides without payment of rent. (c) The board shall make rules allowing an uncertified individual to conduct percolation or soil tests for an underground wastewater disposal system that serves a noncommercial, private residence owned by the individual and in which the individual resides or intends to reside, or which is intended for use by an employee of the individual without payment of rent, if the individual: (i) has the capability of properly conducting the tests; and (ii) is supervised by a certified individual when conducting the tests. (3) (a) The board shall adopt and enforce rules for the certification and recertification of individuals who design, inspect, maintain, or conduct percolation or soil tests for underground wastewater disposal systems. (b) (i) The rules shall specify requirements for education and training and the type and duration of experience necessary to obtain certification. (ii) The rules shall recognize the following in meeting the requirements for certification: (A) the experience of a contractor licensed under Title 58, Chapter 55, Utah Construction Trades Licensing Act, who has five or more years of experience installing underground wastewater disposal systems; (B) the experience of an environmental health scientist licensed under Title 58, Chapter 20b, Environmental Health Scientist Act; or (C) the educational background of a professional engineer licensed under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act. (iii) If eligibility for certification is based on experience, the applicant for certification shall show proof of experience. (4) The department may establish fees in accordance with Section 63J-1-504 for the testing and certification of individuals who design, inspect, maintain, or conduct percolation or soil tests for underground wastewater disposal systems.
Utah Code § 19-5-126 — Utah Code / Title 19 / Chapter 19-5 / § 19-5-126
§ 19-5-126. Division of Water Quality Oil, Gas, and Mining Restricted Account.
Status: in_force

(1) As used in this section: (a) "Account" means the Division of Water Quality Oil, Gas, and Mining Restricted Account created by this section. (b) "Division" means the Division of Water Quality. (2) (a) There is created a restricted account within the General Fund known as the "Division of Water Quality Oil, Gas, and Mining Restricted Account." (b) The account consists of: (i) deposits to the account made under Section 51-9-306; (ii) appropriations of the Legislature; and (iii) interest and other earnings described in Subsection (2)(c). (c) The Office of the Treasurer shall deposit interest and other earnings derived from investment of money in the account into the account. (3) (a) Upon appropriation by the Legislature, the division shall use money from the account to pay the costs of programs or projects administered by the division that are primarily related to oil, gas, and mining. (b) An appropriation provided for under this section is not intended to replace the following that is otherwise allocated for the programs or projects described in Subsection (3)(a): (i) federal money; or (ii) a dedicated credit. (4) Appropriations made in accordance with this section are nonlapsing in accordance with Section 63J-1-602.1.
Utah Code § 19-5-105.3 — Utah Code / Title 19 / Chapter 19-5 / § 19-5-105.3
§ 19-5-105.3. Independent peer review of a proposal.
Status: in_force

(1) As used in this section: (a) "Challenging party" means a person who has or is seeking a permit in accordance with this chapter and chooses to use the independent peer review process described in this section to challenge a proposal. (b) "Independent peer review" is a review conducted: (i) in accordance with this section; (ii) by experts having technical expertise in the proposal being reviewed; and (iii) by individuals who are not: (A) currently conducting research funded by the division or the challenging party; (B) employed by an entity that is regulated under this chapter; (C) a spouse or family member of someone who is employed by the division or the challenging party; or (D) an active, participatory member of a non-profit organization that advocates positions with the division or the Legislature. (c) "Proposal" means any science-based initiative proposed by the division on or after January 1, 2016, that would financially impact a challenging party and that would: (i) change water quality standards; (ii) develop or modify total maximum daily load requirements; (iii) modify wasteloads or other regulatory requirements for permits; or (iv) change rules or other regulatory guidance. (d) "Study" means a written analysis conducted by or otherwise relied upon by the division in support of a proposal. (e) "Technology based nutrient effluent limits" are maximum nutrient limitations based on the availability of technology to achieve the limitations, rather than on a water quality standard or a total maximum daily load standard. (2) The director shall initiate an independent peer review when the following conditions are met: (a) a challenging party challenges in writing a study or the technical or scientific data upon which a proposal is based and requests an independent peer review; (b) if the independent peer review is related to examining a technology based nutrient effluent limit, the challenging party provides written notice to the division requesting an independent peer review before the technology based nutrient effluent limit is adopted into a permit issued by the division; (c) if the independent peer review is not related to examining a technology based nutrient effluent limit, the challenging party provides written notice to the division requesting an independent peer review related to a proposal before the proposal has been adopted by the division or the board; (d) the challenging party agrees to provide the funding to pay for the independent peer review; and (e) the challenging party would be substantially impacted by the adoption of the proposal. (3) The director shall ensure that the independent peer review is completed within one year from the date the peer review panel described in Subsection (5) is selected. (4) (a) If there is more than one challenging party challenging a study or the technical or scientific data upon which a proposal is based, the challenges will be consolidated into one independent peer review. (b) If challenges are consolidated into one independent peer review, the challenging parties will be responsible for allocating the costs of the independent peer review among the challenging parties. (5) (a) When an independent peer review is conducted, there shall be appointed to a peer review panel a minimum of three independent experts who are mutually agreeable to both the division and the challenging party. (b) Any additional independent experts appointed to the panel shall be mutually agreeable to both the division and the challenging party. (c) If an independent peer review panel has not been appointed within 60 days of the day on which the director receives a written request for an independent peer review, a three-person panel shall be selected as follows: (i) one independent expert selected by the division; (ii) one independent expert selected by the challenging party or, if more than one challenge has been consolidated as described in Subsection (4), one independent expert selected and mutually agreed to by the challenging parties; and (iii) one independent expert mutually agreeable to the independent experts described in Subsections (5)(c)(i) and (ii). (6) (a) An independent peer review panel shall conduct its review in general accordance with the guidance contained in the United States Environmental Protection Agency's Peer Review Handbook. (b) As part of an independent peer review, the independent peer review panel shall allow for written public comment on the proposal being reviewed prior to issuing a written report. (7) An independent peer review panel shall prepare a final written report that: (a) includes the findings of each member of the panel; (b) is supported by the majority of the panel; (c) includes an analysis of the panel's confidence, certainty, and major data gaps, if any, related to the scientific basis behind the proposal; and (d) includes one of the following findings: (i) the proposal is scientifically defensible; (ii) the proposal is not scientifically defensible; or (iii) the proposal is scientifically defensible with conditions developed by the panel. (8) In addition to the requirements described in Subsection (7), if an independent peer review panel is examining a technology based nutrient effluent limit for a specified downstream water body or a series of hydrologically connected water bodies, the panel's written report shall find one of the following: (a) the technology based nutrient effluent limit is scientifically necessary to protect the designated beneficial uses of the specified downstream water body or the series of hydrologically connected water bodies; or (b) the technology based nutrient effluent limit is not scientifically necessary to protect the designated beneficial uses of the specified downstream water body or the series of hydrologically connected water bodies. (9) The findings and any conditions of an independent peer review panel shall be incorporated into a proposal as needed to ensure the scientific accuracy of the proposal. (10) A proposal reviewed by an independent peer review panel that is found scientifically defensible or scientifically defensible with conditions may be forwarded to the board or to the director for further consideration and action as applicable. (11) If technology based nutrient effluent limits in a proposal are found by an independent peer review to not be scientifically necessary to protect a specified downstream water body or series of hydrologically connected water bodies, the challenging party shall be granted a variance by the division exempting compliance with the technology based effluent limitation.
Utah Code § 19-2-104 — Utah Code / Title 19 / Chapter 19-2 / § 19-2-104
§ 19-2-104. Powers of board.
Status: in_force

(1) The board may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act: (a) regarding the control, abatement, and prevention of air pollution from all sources and the establishment of the maximum quantity of air pollutants that may be emitted by an air pollutant source; (b) establishing air quality standards; (c) requiring persons engaged in operations that result in air pollution to: (i) install, maintain, and use emission monitoring devices, as the board finds necessary; (ii) file periodic reports containing information relating to the rate, period of emission, and composition of the air pollutant; and (iii) provide access to records relating to emissions which cause or contribute to air pollution; (d) (i) implementing: (A) Toxic Substances Control Act, Subchapter II, Asbestos Hazard Emergency Response, 15 U.S.C. 2601 et seq.; (B) 40 C.F.R. Part 763, Asbestos; and (C) 40 C.F.R. Part 61, National Emission Standards for Hazardous Air Pollutants, Subpart M, National Emission Standard for Asbestos; and (ii) reviewing and approving asbestos management plans submitted by local education agencies under the Toxic Substances Control Act, Subchapter II, Asbestos Hazard Emergency Response, 15 U.S.C. 2601 et seq.; (e) establishing a requirement for a diesel emission opacity inspection and maintenance program for diesel-powered motor vehicles; (f) implementing an operating permit program as required by and in conformity with Titles IV and V of the federal Clean Air Act Amendments of 1990; (g) establishing requirements for county emissions inspection and maintenance programs after obtaining agreement from the counties that would be affected by the requirements; (h) with the approval of the governor, implementing in air quality nonattainment areas employer-based trip reduction programs applicable to businesses having more than 100 employees at a single location and applicable to federal, state, and local governments to the extent necessary to attain and maintain ambient air quality standards consistent with the state implementation plan and federal requirements under the standards set forth in Subsection (2); (i) implementing lead-based paint training, certification, and performance requirements in accordance with 15 U.S.C. 2601 et seq., Toxic Substances Control Act, Subchapter IV -- Lead Exposure Reduction, Secs. 402 and 406; and (j) to implement the requirements of Section 19-2-107.5. (2) In implementing Subsection (1)(h), the board shall consider: (a) the impact of the business on overall air quality; and (b) the need of the business to use automobiles in order to carry out business purposes. (3) (a) The board may: (i) hold a hearing that is not an adjudicative proceeding relating to any aspect of, or matter in, the administration of this chapter; (ii) recommend that the director: (A) issue orders necessary to enforce the provisions of this chapter; (B) enforce the orders by appropriate administrative and judicial proceedings; (C) institute judicial proceedings to secure compliance with this chapter; or (D) advise, consult, contract, and cooperate with other agencies of the state, local governments, industries, other states, interstate or interlocal agencies, the federal government, or interested persons or groups; and (iii) establish certification requirements for asbestos project monitors, which shall provide for experience-based certification of an individual who: (A) receives relevant asbestos training, as defined by rule; and (B) has acquired a minimum of 1,000 hours of asbestos project monitoring related work experience. (b) The board shall: (i) to ensure compliance with applicable statutes and regulations: (A) review a settlement negotiated by the director in accordance with Subsection 19-2-107(2)(b)(viii) that requires a civil penalty of $25,000 or more; and (B) approve or disapprove the settlement; (ii) encourage voluntary cooperation by persons and affected groups to achieve the purposes of this chapter; (iii) meet the requirements of federal air pollution laws; (iv) by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establish work practice and certification requirements for persons that: (A) contract for hire to conduct demolition, renovation, salvage, encapsulation work involving friable asbestos-containing materials, or asbestos inspections if: (I) the contract work is done on a site other than a residential property with four or fewer units; or (II) the contract work is done on a residential property with four or fewer units where a tested sample contained greater than 1% of asbestos; (B) conduct work described in Subsection (3)(b)(iv)(A) in areas to which the general public has unrestrained access or in school buildings that are subject to the federal Asbestos Hazard Emergency Response Act of 1986; (C) conduct asbestos inspections in facilities subject to 15 U.S.C. 2601 et seq., Toxic Substances Control Act, Subchapter II - Asbestos Hazard Emergency Response; or (D) conduct lead-based paint inspections in facilities subject to 15 U.S.C. 2601 et seq., Toxic Substances Control Act, Subchapter IV -- Lead Exposure Reduction; (v) establish certification requirements for a person required under 15 U.S.C. 2601 et seq., Toxic Substances Control Act, Subchapter II - Asbestos Hazard Emergency Response, to be accredited as an inspector, management planner, abatement project designer, asbestos abatement contractor and supervisor, or an asbestos abatement worker; (vi) establish certification requirements for a person required under 15 U.S.C. 2601 et seq., Toxic Control Act, Subchapter IV - Lead Exposure Reduction, to be accredited as an inspector, risk assessor, supervisor, project designer, abatement worker, renovator, or dust sampling technician; and (vii) assist the State Board of Education in adopting school bus idling reduction standards and implementing an idling reduction program in accordance with Section 41-6a-1308. (4) A rule adopted under this chapter shall be consistent with provisions of federal laws, if any, relating to control of motor vehicles or motor vehicle emissions. (5) Nothing in this chapter authorizes the board to require installation of or payment for any monitoring equipment by the owner or operator of a source if the owner or operator has installed or is operating monitoring equipment that is equivalent to equipment which the board would require under this section. (6) (a) The board may not make rules to require an inspection and sample analysis for asbestos or related materials on a residential property with four or fewer units if the property's construction was completed on or after January 1, 1992. (b) The board may make rules to require an inspection and sample analysis for asbestos or related materials on a renovation, demolition, or disposal project impacting asbestos or related materials on a residential property with four or fewer units if the property's construction was completed: (i) before January 1, 1981; or (ii) on or after January 1, 1981, and before January 1, 1992, and the inspection or sample analysis is used to determine the presence of asbestos before renovation, demolition, or disposal of: (A) a sprayed-on textured ceiling treatment; (B) asbestos cement siding or roofing materials; (C) resilient flooring products including vinyl asbestos tile, sheet vinyl products, resilient flooring backing material, whether attached or unattached, and mastic; (D) thermal-system insulation or tape on a duct or furnace; or (E) vermiculite type insulation materials. (c) A residential property with four or fewer units is subject to an abatement rule made under Subsection (1) or (3)(b)(iv) if: (i) a sample from the property is analyzed for asbestos; and (ii) the sample contains asbestos measuring greater than 1%. (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 19-2-107 or 19-2-108: (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. (9) Notwithstanding Subsection (7), the board may exercise all authority granted to the board by a federally enforceable state implementation plan.
Utah Code § 19-6-320 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-320
§ 19-6-320. Remedial action completion procedures -- Legal remedies.
Status: in_force

(1) A party who has entered an agreement or who has been issued a final order under the authority of Sections 19-6-317 through this section shall send notice to the executive director when the remedial action for the facility is completed. (2) Upon notice that remedial action at a facility is complete, the executive director shall inspect the facility to determine if the remedial action plan as implemented meets the substantive requirements of CERCLA. (3) If the executive director determines that the remedial action plan as implemented meets the substantive requirements of CERCLA, except for any ongoing activities at the facility, including operation, maintenance, or monitoring, he shall issue a notice of agency action declaring that remedial action at the facility is complete and removing the facility from the hazardous substances priority list. (4) (a) If the executive director determines that the remedial action plan for a national priority list site, as implemented, does not meet the substantive requirements of CERCLA, he may issue an order directing the responsible parties to take additional actions to implement the remedial action plan. (b) If the responsible parties refuse to comply with the order the executive director may take enforcement action. (5) (a) If the executive director determines that the remedial action plan for a proposed national priority list site or a scored site has not been properly and completely implemented according to the agreement between the executive director and the responsible parties, or is not consistent with the substantive requirements of CERCLA, he shall request that the responsible parties take additional actions to fulfill the agreement to implement the remedial action plan. (b) If the responsible parties refuse to comply with the request, the executive director may take action to enforce the agreement.
Utah Code § 19-1-104 — Utah Code / Title 19 / Chapter 19-1 / § 19-1-104
§ 19-1-104. Creation of department -- Appointment of executive director.
Status: in_force

(1) There is created within state government the Department of Environmental Quality. The department shall be administered by an executive director. (2) The executive director shall be appointed by the governor with the advice and consent of the Senate and shall serve at the pleasure of the governor. (3) The executive director shall have demonstrated the necessary administrative and professional ability through education and experience to efficiently and effectively manage the department's affairs. (4) The Legislature shall fix the compensation of the executive director in accordance with Title 67, Chapter 22, State Officer Compensation.
Utah Code § 19-4-103 — Utah Code / Title 19 / Chapter 19-4 / § 19-4-103
§ 19-4-103. Drinking Water Board -- Members -- Organization -- Meetings -- Per diem and expenses.
Status: in_force

(1) The board consists of the following nine members: (a) the following non-voting member, except that the member may vote to break a tie vote between the voting members: (i) the executive director; or (ii) an employee of the department designated by the executive director; and (b) the following eight voting members, who shall be appointed by the governor with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies: (i) one representative who is a Utah-licensed professional engineer with expertise in civil or sanitary engineering; (ii) two representatives who are elected officials from a municipal government that is involved in the management or operation of a public water system; (iii) one representative from an improvement district, a water conservancy district, or a metropolitan water district; (iv) one representative from an entity that manages or operates a public water system; (v) one representative from: (A) the state water research community; or (B) an institution of higher education that has comparable expertise in water research to the state water research community; (vi) one representative from the public who represents: (A) an environmental nongovernmental organization; or (B) a nongovernmental organization that represents community interests and does not represent industry interests; and (vii) one representative from the public who is trained and experienced in public health. (2) A member of the board shall: (a) be knowledgeable about drinking water and public water systems, as evidenced by a professional degree, a professional accreditation, or documented experience; (b) represent different geographical areas within the state insofar as practicable; (c) be a resident of Utah; (d) attend board meetings in accordance with the attendance rules made by the department under Subsection 19-1-201(1)(d)(i)(A); and (e) comply with all applicable statutes, rules, and policies, including the conflict of interest rules made by the department under Subsection 19-1-201(1)(d)(i)(B) and the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest. (3) (a) As terms of current board members expire, the governor shall appoint a new member or reappointed member to a four-year term. (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that half of the appointed board is appointed every two years. (4) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term. (5) When the governor makes a new appointment or reappointment under Subsection (3)(a), or a vacancy appointment under Subsection (4), the governor's new appointment, reappointment, or vacancy appointment shall be with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies. (6) A member holds office until the expiration of the member's term, and until a successor is appointed, but not for more than 90 days after the expiration of the term. (7) The board shall elect annually a chair and a vice chair from the board's members. (8) (a) The board shall meet at least quarterly. (b) Special meetings may be called by the chair upon the chair's own initiative, upon the request of the director, or upon the request of three members of the board. (c) Reasonable notice shall be given to a member of the board before a meeting. (9) Five members constitute a quorum at a meeting and the action of the majority of the members present is the action of the board. (10) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
Utah Code § 19-11-302 — Utah Code / Title 19 / Chapter 19-11 / § 19-11-302
§ 19-11-302. Alternate member.
Status: in_force

The alternate required pursuant to Article II(a) of the compact shall be designated by the board member representing this state and shall serve at the board member's pleasure.
Utah Code § 19-5-105 — Utah Code / Title 19 / Chapter 19-5 / § 19-5-105
§ 19-5-105. Rulemaking authority and procedure.
Status: in_force

(1) (a) Except as provided in Subsections (2) and (3), no rule that the board makes for the purpose of the state administering a program under the federal Clean Water Act or the federal Safe Drinking Water Act may be more stringent than the corresponding federal regulations. (b) In making rules, the board may incorporate by reference corresponding federal regulations. (c) Any rule of the board is subject to Section 63G-3-502. (2) (a) The board may make rules more stringent than corresponding federal regulations for the purpose described in Subsection (1), only if the board makes a written finding after public comment and hearing and based on evidence in the record that the corresponding federal regulations are not adequate to protect public health and the environment of the state. (b) Except as described in Subsection (4), a municipal system authority may not make requirements for permits that are more stringent than corresponding federal regulations for the purpose described in Subsection (1), unless the municipal system authority makes a written finding after public comment and hearing and based on evidence in the record that the corresponding federal regulations are not adequate to protect public health and the environment of the state. (c) The board or a municipal system authority that makes a written finding described in Subsection (2)(a) or (2)(b) shall include a finding referring to and evaluating the public health and environmental information and studies contained in the record that forms the basis for the board's or municipal system authority's finding described in Subsection (2)(a) or (2)(b). (3) The board may make rules related to agriculture water more stringent than the corresponding federal regulations if the commission approves the rules being more stringent than the corresponding federal regulations. (4) The Department of Transportation may make requirements more stringent than corresponding federal regulations when acting under a consent decree related to the administration of the Federal Water Pollution Control Act, 33 U.S.C. Sec. 1251, et seq.
Utah Code § 19-6-424.5 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-424.5
§ 19-6-424.5. Apportionment of liability -- Liability agreements -- Legal remedies -- Amounts recovered.
Status: in_force

(1) After providing notice and opportunity for comment to responsible parties identified and named under Section 19-6-420, the director may: (a) issue written orders determining responsible parties; (b) issue written orders apportioning liability among responsible parties; and (c) take action, including legal action or issuing written orders, to recover costs from responsible parties, including costs of any investigation, abatement, and corrective action performed under this part. (2) (a) In any apportionment of liability, whether made by the director or made in any administrative proceeding or judicial action, the following standards apply: (i) liability shall be apportioned among responsible parties in proportion to their respective contributions to the release; and (ii) the apportionment of liability shall be based on equitable factors, including the quantity, mobility, persistence, and toxicity of regulated substances contributed by a responsible party, and the comparative behavior of a responsible party in contributing to the release, relative to other responsible parties. (b) (i) The burden of proving proportionate contribution shall be borne by each responsible party. (ii) If a responsible party does not prove the responsible party's proportionate contribution, the court or the director shall apportion liability to the party based on available evidence and the standards of Subsection (2)(a). (c) The court, the board, or the director may not impose joint and several liability. (d) Each responsible party is strictly liable for his share of costs. (3) The failure of the director to name all responsible parties is not a defense to an action under this section. (4) The director may enter into an agreement with any responsible party regarding that party's proportionate share of liability or any action to be taken by that party. (5) The director and a responsible party may not enter into an agreement under this part unless all responsible parties named and identified under Subsection 19-6-420(1)(a): (a) have been notified in writing by either the director or the responsible party of the proposed agreement; and (b) have been given an opportunity to comment on the proposed agreement prior to the parties' entering into the agreement. (6) (a) Any party who incurs costs under this part in excess of the party's liability may seek contribution from any other party who is or may be liable under this part for the excess costs in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration. (b) In resolving claims made under Subsection (6)(a), the court shall allocate costs using the standards in Subsection (2). (7) (a) A party who has resolved his liability under this part is not liable for claims for contribution regarding matters addressed in the agreement or order. (b) (i) An agreement or order determining liability under this part does not discharge any of the liability of responsible parties who are not parties to the agreement or order, unless the terms of the agreement or order expressly provide otherwise. (ii) An agreement or order determining liability made under this subsection reduces the potential liability of other responsible parties by the amount of the agreement or order. (8) (a) If the director obtains less than complete relief from a party who has resolved his liability under this section, the director may bring an action against any party who has not resolved his liability as determined in an order. (b) In apportioning liability, the standards of Subsection (2) apply. (c) A party who resolved his liability for some or all of the costs under this part may seek contribution from any person who is not a party to the agreement or order. (9) (a) An agreement or order determining liability under this part may provide that the director will pay for costs of actions that the parties have agreed to perform, but which the director has agreed to finance, under the terms of the agreement or order. (b) If the director makes payments from the fund or state cleanup appropriation, he may recover the amount paid using the authority of Section 19-6-420 and this section or any other applicable authority. (c) Any amounts recovered under this section shall be deposited into the Petroleum Storage Tank Cleanup Fund created under Section 19-6-405.7.
Utah Code § 19-6-1303 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-1303
§ 19-6-1303. Solar Panel Waste Restricted Account -- Sources of funding -- Fund purpose.
Status: in_force

(1) There is created in the General Fund a restricted account known as the Solar Panel Waste Restricted Account. (2) The sources of money for the account include: (a) appropriations from the Legislature; (b) revenue from a fee described in Section 19-6-1304; (c) revenue from the recycling study assessment described in Section 79-6-1402.5; (d) a penalty or fine imposed under this part; (e) a voluntary contribution received for the cleanup or disposal of solar panel waste; and (f) interest earned on money in the account. (3) Subject to appropriation, the director may expend money from the account to: (a) assist or promote a program for: (i) recycling solar panel waste; (ii) safely disposing of solar panel waste; or (iii) providing a hazardous waste analysis of a solar panel consistent with Section 19-6-1305; (b) pay the division's administrative costs in enforcing this part; and (c) reimburse the division for the costs of conducting the study on solar panel recycling described in Section 19-6-1309.
Utah Code § 19-6-318 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-318
§ 19-6-318. Remedial action liability -- Liability agreements.
Status: in_force

(1) (a) In apportioning responsibility for the remedial action in any administrative proceeding or judicial action under Sections 19-6-317 and 19-6-319, the following standards apply: (i) liability shall be apportioned in proportion to each responsible party's respective contribution to the release; (ii) the apportionment of liability shall be based on equitable factors, including the quantity, mobility, persistence, and toxicity of hazardous substances contributed by a responsible party, and the comparative behavior of a responsible party in contributing to the release, relative to other responsible parties. (b) Liability may not be apportioned against a current or previous owner or operator who acquired or became the operator of the facility before March 18, 1985, who may otherwise be a responsible party but who did not know that any hazardous material which is the subject of a release was on, in, or at the facility prior to acquisition or operation of the facility, and the release is not the result of an act or omission of the current or previous owner or operator. (c) Liability may not be apportioned against a current or previous owner or operator who acquired or became the operator of the facility on or after March 18, 1985, who may otherwise be a responsible party but who did not know and had no reason to know, after having taken all appropriate inquiry into the previous ownership and uses of the facility, consistent with good commercial or customary practice at the time of the purchase, that any hazardous material which is the subject of a release was on, in, or at the facility prior to acquisition or operation of the facility, and the release is not the result of an act or omission of the current or previous owner or operator. (d) A responsible party who is not exempt under Subsection (1)(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 (1)(b) or (c) or a person who is not considered to have contributed to a release under Subsection (1)(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 director shall apportion liability to the party solely based on available evidence and the standards of Subsection (1)(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 remedial action costs. (2) The failure of the executive director to name all responsible parties is not a defense to an action under this section. (3) (a) Any party who incurs costs under Sections 19-6-317 through 19-6-320 in excess of his liability may seek contribution from any other party who is or may be liable under Sections 19-6-317 through 19-6-320 for the excess costs in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration. (b) In resolving claims made under Subsection (3)(a), the court shall allocate costs using the standards set forth in Subsection (1). (4) (a) A party who has resolved his liability in an agreement under Sections 19-6-317 through 19-6-320 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 (4)(b) reduces the potential liability of other responsible parties by the amount of the agreement. (5) (a) If the executive director obtains less than complete relief from a party who has resolved his liability in an agreement under Sections 19-6-317 through 19-6-320, 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 (1) apply. (c) A party who resolved his liability for some or all of the costs in an agreement under Sections 19-6-317 through 19-6-320 may seek contribution from any person who is not party to an agreement under Sections 19-6-317 through 19-6-320. (6) (a) An agreement made under Sections 19-6-317 through 19-6-320 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, he may recover the amount using the authority of Sections 19-6-317 through 19-6-320 or any other applicable authority.
Utah Code § 19-6-802 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-802
§ 19-6-802. Legislative findings.
Status: in_force

(1) The Legislature finds that the disposal of waste tires is a matter of statewide concern and that recycling of waste tires should be promoted in light of the health and environmental benefits. (2) The Legislature further finds that the recycling of waste tires will decrease the number of tires which are disposed of in landfills and will reduce the health and safety hazards posed by existing stockpiles of waste tires. (3) It is the intent of the Legislature in adopting this part to encourage the development of the recycling industry and the development of markets for recycled products.
Utah Code § 19-10-105 — Utah Code / Title 19 / Chapter 19-10 / § 19-10-105
§ 19-10-105. Termination of institutional control.
Status: in_force

(1) An owner may request in writing that the executive director approve termination or modification of the environmental institutional control. (2) An environmental institutional control may be terminated or modified, in whole or in part, if the executive director determines an unacceptable risk is not posed to public health, safety, or welfare, or the environment. (3) (a) The executive director shall review the request and provide to the owner a written decision approving or denying the request within 120 days from the executive director's receipt of the request. (b) If the executive director denies the request, the executive director shall send the owner a written explanation for the denial. (c) If the executive director approves an owner's request to terminate or modify all or a portion of the environmental institutional controls, the owner shall file the approval with the county recorder in the county in which the real property is located.
Utah Code § 19-8-106 — Utah Code / Title 19 / Chapter 19-8 / § 19-8-106
§ 19-8-106. Rejection of application -- Notice to applicant -- Resubmission procedure.
Status: in_force

(1) The executive director may in his sole discretion reject an application prior to accepting the application fee, and return the application fee to the applicant if: (a) the executive director has reason to believe that a working relationship with the applicant cannot be achieved; or (b) the application site is not eligible under Section 19-8-105. (2) (a) The executive director may reject an application after processing the application if: (i) the application is not complete or is not accurate; or (ii) the applicant has not demonstrated financial capability to perform the voluntary cleanup. (b) The applicant is not entitled to refund of an application fee for an application rejected under this Subsection (2). (3) An application rejected under Subsection (1) or (2) shall be promptly returned to the applicant with a letter of explanation. (4) (a) If the executive director rejects an application because it is incomplete or inaccurate, the executive director shall, not later than 60 days after receipt of the application, provide to the applicant a list in writing of all information needed to make the application complete or accurate, as appropriate. (b) The applicant may submit for a second time an application rejected due to inaccuracy or incompleteness without submitting an additional application fee.
Utah Code § 19-7-105 — Utah Code / Title 19 / Chapter 19-7 / § 19-7-105
§ 19-7-105. Privilege in administrative proceeding.
Status: in_force

An environmental audit report is privileged in accordance with and to the extent provided by Utah Rules of Evidence, Rule 508, Environmental Self-Evaluation Privilege, in any administrative proceeding.
Utah Code § 19-6-1305 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-1305
§ 19-6-1305. Hazardous waste analysis -- Records maintained by landfills, disposal sites, and recycling facilities.
Status: in_force

(1) Beginning on July 1, 2028, the division may require an owner or operator of a solar panel to complete, or cause to be completed, a hazardous waste analysis on a representative sample of the solar panel, if the solar panel: (a) is damaged beyond salvaging or repurposing; or (b) will be disposed of in a landfill. (2) If the results of a hazardous waste analysis indicate that a solar panel is hazardous solar panel waste, an owner or operator of the solar panel shall dispose of the solar panel in accordance with the requirements of this chapter and board rule. (3) A landfill, solar panel waste disposal site, or solar panel waste recycling facility shall: (a) maintain all records related to solar panel waste treated, stored, or disposed of at the landfill, solar panel waste disposal site, or solar panel waste recycling facility; and (b) provide to the division a record related to solar panel waste upon request by the division.
Utah Code § 19-6-104 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-104
§ 19-6-104. Powers of board -- Creation of statewide solid waste management plan.
Status: in_force

(1) The board shall: (a) survey solid and hazardous waste generation and management practices within this state and, after public hearing and after providing opportunities for comment by local governmental entities, industry, and other interested persons, prepare and revise, as necessary, a waste management plan for the state; (b) promote the planning and application of resource recovery systems to prevent the unnecessary waste and depletion of natural resources; (c) meet the requirements of federal law related to solid and hazardous wastes to ensure that the solid and hazardous wastes program provided for in this part is qualified to assume primacy from the federal government in control over solid and hazardous waste; (d) (i) require a facility, including a facility listed in Subsection (1)(d)(ii), to submit plans, specifications, and other information required by the board to the director before construction, modification, installation, or establishment of a facility to allow the director to determine whether the proposed construction, modification, installation, or establishment of the facility will be in accordance with rules made under this part; (ii) consider a facility referred to in Subsection (1)(d)(i) to include an incinerator that is intended for disposing of nonhazardous solid waste; (iii) consider a facility referred to in Subsection (1)(d)(i) to not include a commercial facility that is solely for the purpose of recycling, reuse, or reprocessing the following waste: (A) fly ash waste; (B) bottom ash waste; (C) slag waste; or (D) flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels; and (iv) consider a facility referred to in Subsection (1)(d)(i) to not include a facility when the following waste is generated and the disposal occurs at an on-site location owned and operated by the generator of the waste: (A) waste from the extraction, beneficiation, and processing of ores and minerals listed in 40 C.F.R. 261.4(b)(7)(ii); or (B) cement kiln dust; and (e) to ensure compliance with applicable statutes and rules: (i) review a settlement negotiated by the director in accordance with Subsection 19-6-107(3)(a) that requires a civil penalty of $25,000 or more; and (ii) approve or disapprove the settlement described in Subsection (1)(e)(i). (2) The board may: (a) (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; or (b) 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. (3) (a) The board shall establish a comprehensive statewide waste management plan. (b) The plan shall: (i) incorporate the solid waste management plans submitted by the counties; (ii) provide an estimate of solid waste capacity needed in the state for the next 20 years; (iii) assess the state's ability to minimize waste and recycle; (iv) evaluate solid waste treatment, disposal, and storage options, as well as solid waste needs and existing capacity; (v) evaluate facility siting, design, and operation; (vi) review funding alternatives for solid waste management; and (vii) address other solid waste management concerns that the board finds appropriate for the preservation of the public health and the environment. (c) The board shall consider the economic viability of solid waste management strategies before incorporating the solid waste management strategies into the plan and shall consider the needs of population centers. (d) The board shall review and modify the comprehensive statewide solid waste management plan no less frequently than every five years. (4) (a) The board shall determine the type of solid waste generated in the state and tonnage of solid waste disposed of in the state in developing the comprehensive statewide solid waste management plan. (b) The board shall review and modify the inventory no less frequently than once every five years. (5) Subject to the limitations contained in Subsection 19-6-102(19)(c), the board shall establish siting criteria for nonhazardous solid waste disposal facilities, including incinerators. (6) 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 19-6-107: (a) a permit; (b) a license; (c) a registration; (d) a certification; or (e) another administrative authorization made by the director. (7) 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 § 19-6-108.5 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-108.5
§ 19-6-108.5. Management of hazardous waste generated outside Utah.
Status: in_force

On and after July 1, 2017, waste entering Utah for disposal or treatment, excluding incineration, that is classified by Utah as nonhazardous solid waste shall be treated or disposed of as nonhazardous solid waste, regardless of how it is classified by the state of origin.
Utah Code § 19-1-406 — Utah Code / Title 19 / Chapter 19-1 / § 19-1-406
§ 19-1-406. Retrofit compressed natural gas vehicles -- Inspections, standards, and certification -- Compliance with other law -- Programs to coordinate.
Status: in_force

(1) An owner of a retrofit compressed natural gas vehicle that is retrofit on or after July 1, 2010, may not operate the retrofit compressed natural gas vehicle before the owner has the retrofit compressed natural gas vehicle: (a) inspected and certified as safe in accordance with relevant standards, including the National Fire Protection Association 52 Vehicular Gaseous Fuel Systems Code, by a CSA America CNG Fuel System Inspector; and (b) tested to ensure that the retrofit compressed natural gas vehicle satisfies the emissions standards: (i) if any, for the county in which the retrofit compressed natural gas vehicle is registered; or (ii) for the county in the state with the most lenient emissions standards, if the retrofit compressed natural gas vehicle is registered in a county with no emissions standards. (2) A person who performs a retrofit on a retrofit compressed natural gas vehicle shall certify to the owner of the retrofit compressed natural gas vehicle that the retrofit does not tamper with, circumvent, or otherwise affect the vehicle's on-board diagnostic system, if any. (3) (a) After the owner of a retrofit compressed natural gas vehicle that is retrofit on or after July 1, 2010, has the retrofit compressed natural gas vehicle inspected under Subsection (1), the owner shall have the retrofit inspected for safety by a CSA America CNG Fuel System Inspector: (i) the sooner of: (A) every three years after the retrofit; or (B) every 36,000 miles after the retrofit; and (ii) after any collision occurring at a speed of greater than five miles per hour. (b) An inspector at a state-required safety inspection shall verify that a retrofit compressed natural gas vehicle is inspected in accordance with Subsection (3)(a). (4) (a) The Division of Air Quality may develop programs to coordinate amongst government agencies and interested parties in the private sector to facilitate: (i) testing to ensure compliance with emissions and anti-tampering standards established in this section or by federal law; and (ii) the retrofitting of vehicles to operate on compressed natural gas vehicles in a manner that provides for: (A) safety; (B) compliance with applicable law; and (C) potential improvement in the air quality of this state. (b) In developing a program under this Subsection (4), the Division of Air Quality shall: (i) allow for testing using equipment widely available within the state, if possible; and (ii) consult with relevant federal, state, and local government agencies and other interested parties.
Utah Code § 19-6-820 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-820
§ 19-6-820. Powers and duties of the director.
Status: in_force

(1) The director shall: (a) administer and enforce the rules and orders of the board; (b) issue and revoke registrations for waste tire recyclers and transporters; and (c) require forms, analyses, documents, maps, and other records as the director finds necessary to: (i) issue recycler and transporter registrations; (ii) authorize reimbursements under Section 19-6-811; (iii) inspect a site, facility, or activity regulated under this part; and (iv) issue permits for and inspect waste tire storage sites. (2) The director may: (a) authorize any division employee to enter any site or facility regulated under this part at reasonable times and upon presentation of credentials, for the purpose of inspection, audit, or sampling: (i) at the site or facility; or (ii) of the records, operations, or products; (b) as authorized by the board, enforce board rules by issuing orders which are subsequently subject to the board's amendment or revocation; and (c) coordinate with federal, state, and local governments, and other agencies, including entering into memoranda of understanding, to: (i) ensure effective regulation of waste tires under this part; (ii) minimize duplication of regulation; and (iii) encourage responsible recycling of waste tires.
Utah Code § 19-6-203 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-203
§ 19-6-203. Other provisions relating to hazardous waste.
Status: in_force

This part may not be construed to supersede any other state or local law relating to hazardous waste, except as otherwise provided in Section 19-6-207.
Utah Code § 19-14-102 — Utah Code / Title 19 / Chapter 19-14 / § 19-14-102
§ 19-14-102. Nuclear Energy Regulatory Office -- Creation -- Duties -- Staffing.
Status: in_force

(1) There is created within the division the Nuclear Energy Regulatory Office. (2) The office shall: (a) coordinate state activities related to nuclear energy regulation; (b) serve as the primary liaison between the state and the Nuclear Regulatory Commission regarding: (i) licensing of nuclear fuel cycle activities; and (ii) the state's Agreement State status on all levels of the nuclear fuel cycle; (c) oversee the division's regulation of nuclear fuel cycle activities within state jurisdiction, as authorized by the Nuclear Regulatory Commission; (d) administer licensing and permitting programs for nuclear fuel cycle activities established under Section 19-14-103; (e) conduct compliance inspections and enforcement activities related to nuclear fuel cycle activities; and (f) provide technical assistance and guidance to applicants and licensees regarding nuclear energy regulation. (3) The division may employ staff necessary to carry out the duties of the office.
Utah Code § 19-10-103 — Utah Code / Title 19 / Chapter 19-10 / § 19-10-103
§ 19-10-103. Establishment of environmental institutional controls.
Status: in_force

An owner of real property may, with the approval of the executive director, restrict the use of the real property by imposing on the real property appropriate environmental institutional controls to mitigate the risk posed to the public health, safety, or welfare, or the environment.
Utah Code § 19-2-130 — Utah Code / Title 19 / Chapter 19-2 / § 19-2-130
§ 19-2-130. Aggregate compliance fee -- Rulemaking.
Status: in_force

(1) As used in this section: (a) (i) "Aggregate" means rock material, including sand, gravel, stone, and other rock products. (ii) "Aggregate" does not include: (A) metalliferous minerals, as that term is described in Section 59-5-201; (B) mineral salts; (C) gem stones; (D) coal and other energy-rich materials; or (E) frac sand. (b) "Aggregate operation" means a facility or site: (i) engaged in a commercial production to extract, crush, screen, grind, store, or transport aggregate; and (ii) subject to a permitting requirement under Section 19-2-108. (c) "Board" means the Air Quality Board created in Section 19-2-103. (d) "Frac sand" means a quartz silica sand that is: (i) processed to a uniform grain size; and (ii) sold or used in hydraulic fracturing or a similar oil and gas activity to prop open fractures or fissures in a subsurface rock formation for the extraction of hydrocarbons. (e) (i) "Mineral salts" means a salt containing a nonmetallic element. (ii) "Mineral salts" includes chloride compounds, sulfur compounds, potash, gypsum, ammonium nitrate, and phosphate. (2) Beginning on July 1, 2027, and ending on June 30, 2028, the division may impose an annual aggregate compliance fee on an aggregate operation based on annual air pollutant emissions, in an amount: (a) for 20 or less tons of annual emissions, not to exceed $750; (b) for between 20 and 79 tons of annual emissions, not to exceed $1,500; (c) for between 79 and 99 tons of annual emissions, not to exceed $3,500; and (d) for 99 or more tons of annual emissions, not to exceed $4,500. (3) Beginning on July 1, 2028, the division may impose an annual aggregate compliance fee on an aggregate operation in accordance with Title 63J, Chapter 1, Budgetary Procedures Act. (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board may make rules to implement the fee described in this section.
Utah Code § 19-1-302 — Utah Code / Title 19 / Chapter 19-1 / § 19-1-302
§ 19-1-302. Violation of laws and orders unlawful.
Status: in_force

It is unlawful for any person: (1) to violate the provisions of the laws of this title or the terms of any order or rule issued under it; or (2) to fail to remove or abate from private property under the person's control at the person's own expense within 48 hours, or such other reasonable time as the department determines, after being ordered to do so, any nuisance, source of filth, or other sanitation violation.
Utah Code § 19-6-427 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-427
§ 19-6-427. Liability of any person under other laws -- Additional state and governmental immunity -- Exceptions.
Status: in_force

(1) Except as provided in Subsection (2), nothing in this part affects or modifies in any way: (a) the obligations or liability of any person under any other provision of this part or state or federal law, including common law, for damages, injury, or loss resulting from a release or substantial threat of a release of petroleum from an underground storage tank or a petroleum storage tank; or (b) the liability of any person for costs incurred except as provided in this part. (2) In addition to the governmental immunity granted in Title 63G, Chapter 7, Governmental Immunity Act of Utah, the state and its political subdivisions are not liable for actions performed under this part except as a result of intentional misconduct or gross negligence including reckless, willful, or wanton misconduct.
Utah Code § 19-3-109 — Utah Code / Title 19 / Chapter 19-3 / § 19-3-109
§ 19-3-109. Civil penalties -- Appeals -- Reimbursement for expenses.
Status: in_force

(1) A person who violates a provision of this part, a rule or order issued under the authority of this part, or the terms of a license, permit, or registration certificate issued under the authority of this part is subject to a civil penalty not to exceed $10,000 for each violation. (2) The director may assess and make a demand for payment of a penalty under this section and may compromise or remit that penalty. (3) In order to make demand for payment of a penalty assessed under this section, the director shall issue a notice of agency action, specifying, in addition to the requirements for notices of agency action contained in Title 63G, Chapter 4, Administrative Procedures Act: (a) the date, facts, and nature of each act or omission charged; (b) the provision of the statute, rule, order, license, permit, or registration certificate that is alleged to have been violated; (c) each penalty that the director proposes to impose, together with the amount and date of effect of that penalty; and (d) that failure to pay the penalty or respond may result in a civil action for collection. (4) A person notified according to Subsection (3) may request an adjudicative proceeding. (5) Upon request by the director, the attorney general may institute a civil action to collect a penalty imposed under this section. (6) Except as provided in Subsection 19-1-303.5(2) and unless prohibited by federal law, the department shall deposit all money collected from a civil penalty or fine imposed under this section into the General Fund.
Utah Code § 19-6-717 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-717
§ 19-6-717. Used oil collection incentive payment.
Status: in_force

(1) (a) The division shall pay a recycling incentive to registered DIYer used oil collection centers and curbside collection programs approved by the director for each gallon of used oil: (i) collected from DIYer used oil generators; and (ii) transported by a permitted used oil transporter to a permitted used oil processor, rerefiner, burner, or to another disposal method authorized by board rule. (b) Payment of the incentive is subject to Section 19-6-720 regarding priorities. (2) The board shall by rule establish the amount of the payment, which shall be 16 cents per gallon unless the board determines the incentive should be: (a) reduced to ensure adequate funds to meet priorities set in Section 19-6-720 and to reimburse all qualified operations under this section; or (b) increased to promote collection of used oil under this part and the funds are available in the account created under Section 19-6-719 after meeting the priorities set in Section 19-6-720.
Utah Code § 19-3-310 — Utah Code / Title 19 / Chapter 19-3 / § 19-3-310
§ 19-3-310. Benefits agreement.
Status: in_force

(1) The department may not issue a construction and operating license under this part unless the applicant has entered into a benefits agreement with the department which is sufficient to offset adverse environmental, public health, social, and economic impacts to the state as a whole, and also specifically to the local area in which the facility is to be located. (2) (a) The benefits agreement shall be attached to and made part of the terms of any license for the facility. (b) Failure to adhere to the benefits agreement is a ground for the department to take enforcement action against the license, including permanent revocation of the license. (3) This part may not be construed or interpreted to affect the rights of any person or entity to brings claims against or reach agreements with the applicant for impacts from the facility independent of the benefits agreement.
Utah Code § 19-6-108 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-108
§ 19-6-108. New nonhazardous solid or hazardous waste operation plans for facility or site -- Approval required -- Exemptions from legislative and gubernatorial approval -- Time periods for review -- Information required -- Other conditions -- Automatic revocation of approval -- Periodic review.
Status: in_force

(1) For purposes of this section, the following items shall be treated as submission of a new operation plan: (a) the submission of a revised 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 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; (c) an application for modification of a commercial nonhazardous solid waste incinerator if the construction of the modification would cost 50% or more of the cost of construction of the original incinerator or the modification would result in an increase in the capacity or throughput of the incinerator of a cumulative total of 50% above the total capacity or throughput that was approved in the operation plan as of January 1, 1990, or the initial approved operation plan if the initial approval is subsequent to January 1, 1990; (d) an application for modification of a commercial nonhazardous solid or 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 the initial approval is subsequent to January 1, 1990; or (e) a submission of an operation plan to construct a facility, if previous approvals of the operation plan to construct the facility have been revoked pursuant to Subsection (3)(c)(iv) or (v). (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) (i) Except as specified in Subsection (3)(a)(ii)(C), a person may not own, construct, modify, or operate a facility or site for the purpose of transferring, treating, or disposing of nonhazardous solid waste or treating, storing, or disposing of hazardous waste without first submitting and receiving the approval of the director for an operation plan for that facility or site. (ii) (A) A permittee who is the current owner of a facility or site that is subject to an operation plan may submit to the director information, a report, a plan, or other request for approval for a proposed activity under an operation plan: (I) after obtaining the consent of any other permittee who is a current owner of the facility or site; and (II) without obtaining the consent of any other permittee who is not a current owner of the facility or site. (B) The director may not: (I) withhold an approval of an operation plan requested by a permittee who is a current owner of the facility or site on the grounds that another permittee who is not a current owner of the facility or site has not consented to the request; or (II) give an approval of an operation plan requested by a permittee who is not a current owner before receiving consent of the current owner of the facility or site. (C) A facility referred to in Subsection (3)(a)(i) does not include a facility when the waste from the extraction, beneficiation, and processing of ores and minerals listed in 40 C.F.R. Sec. 261.4(b)(7)(ii), or cement kiln dust, is generated and the disposal occurs at an on-site location owned and operated by the generator of the waste. (b) (i) Except for a facility that receives the following wastes solely for the purpose of recycling, reuse, or reprocessing, a person may not own, construct, modify, or operate any commercial facility that accepts for treatment or disposal, with the intent to make a profit, any of the wastes listed in Subsection (3)(b)(ii) without first submitting a request to and receiving the approval of the director for an operation plan for that facility site. (ii) Wastes referred to in Subsection (3)(b)(i) are: (A) fly ash waste, bottom ash waste, slag waste, or flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels; (B) wastes from the extraction, beneficiation, and processing of ores and minerals; or (C) cement kiln dust wastes. (c) (i) A person may not construct a facility listed under Subsection (3)(c)(ii) until the person receives: (A) local government approval and the approval described in Subsection (3)(a); (B) approval from the Legislature that, on and after May 5, 2021, is required to be obtained after the person submits an application under this section; and (C) after receiving the approvals described in Subsections (3)(c)(i)(A) and (B), approval from the governor. (ii) A facility referred to in Subsection (3)(c)(i) is: (A) a commercial nonhazardous solid waste disposal facility; (B) except for a facility that receives a waste listed in Subsection (3)(c)(iii), solely for the purpose of recycling, reuse, or reprocessing, any commercial facility that accepts for treatment or disposal, with the intent to make a profit; or (C) a commercial hazardous waste treatment, storage, or disposal facility. (iii) Subsection (3)(c)(ii)(B) applies to the following wastes: (A) fly ash waste, bottom ash waste, slag waste, or flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels; (B) wastes from the extraction, beneficiation, and processing of ores and minerals; or (C) cement kiln dust wastes. (iv) The required approvals described in Subsection (3)(c)(i) for a facility described in Subsection (3)(c)(ii)(A) or (B) are automatically revoked if: (A) the governor's approval is received on or after May 10, 2011, and the facility is not operational within five years after the day on which the governor's approval is received; or (B) the governor's approval is received before May 10, 2011, and the facility is not operational on or before May 10, 2016. (v) For legislative approval described in Subsection (3)(c)(i)(B), the required legislative approval for a facility described in Subsection (3)(c)(ii) is automatically revoked if: (A) after receiving the legislative approval, the person seeking to construct the facility withdraws the application submitted under this section by providing the division a written statement of withdrawal for the facility that is the basis of the legislative approval; or (B) after five years from the day on which the required legislative approval takes effect, the application for the facility is not approved by the division. (vi) The required approvals described in Subsection (3)(c)(i) for a facility described in Subsection (3)(c)(ii)(A) or (B), including the approved operation plan, are not transferrable to another person for five years after the day on which the governor's approval is received. (d) A person need not obtain gubernatorial or legislative approval for the construction of a hazardous waste facility for which an operating plan has been approved by or submitted for approval to the executive secretary of the board under this section before April 24, 1989, and which has been determined, on or before December 31, 1990, by the executive secretary of the board to be complete, in accordance with state and federal requirements for operating plans for hazardous waste facilities even if a different geographic site is subsequently submitted. (e) A person need not obtain gubernatorial and legislative approval for the construction of a commercial nonhazardous solid waste disposal facility for which an operation plan has been approved by or submitted for approval to the executive secretary of the board under this section on or before January 1, 1990, and which, on or before December 31, 1990, the executive secretary of the board determines to be complete, in accordance with state and federal requirements applicable to operation plans for nonhazardous solid waste facilities. (f) A person owning or operating a facility or site on or before November 19, 1980, who has given timely notification as required by Section 3010 of the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Sec. 6921, et seq., and who has submitted a proposed hazardous waste plan under this section for that facility or site, may continue to operate that facility or site without violating this section until the plan is approved or disapproved under this section. (g) (i) The director shall suspend acceptance of further applications for a commercial nonhazardous solid or hazardous waste facility upon a finding that the director cannot adequately oversee existing and additional facilities for permit compliance, monitoring, and enforcement. (ii) The director shall report any suspension to the Natural Resources, Agriculture, and Environment Interim Committee. (4) The director shall review a proposed nonhazardous solid or hazardous waste operation plan to determine whether that plan complies with this part and the applicable rules of the board. (5) (a) If the facility is a class I or class II facility, the director shall approve or disapprove that plan within 270 days from the date the plan is submitted. (b) Within 60 days after receipt of the plans, specifications, or other information required by this section for a class I or II facility, the director shall determine whether the plan is complete and contains the information necessary to process the plan for approval. (c) (i) If the plan for a class I or II facility is determined to be complete, the director shall issue a notice of completeness. (ii) If the plan is determined by the director to be incomplete, the director shall issue a notice of deficiency, listing the additional information to be provided by the owner or operator to complete the plan. (d) The director shall review information submitted in response to a notice of deficiency within 30 days after receipt. (e) The following time periods may not be included in the 270 day plan review period for a class I or II facility: (i) time awaiting response from the owner or operator to requests for information issued by the director; (ii) time required for public participation and hearings for issuance of plan approvals; and (iii) time for review of the permit by other federal or state government agencies. (6) (a) If the facility is a class III or class IV facility, the director shall approve or disapprove that plan within 365 days from the date the plan is submitted. (b) The following time periods may not be included in the 365 day review period: (i) time awaiting response from the owner or operator to requests for information issued by the director; (ii) time required for public participation and hearings for issuance of plan approvals; and (iii) time for review of the permit by other federal or state government agencies. (7) If, within 365 days after receipt of a modification request or closure plan for any facility, the director determines that the proposed plan or request, or any part of the proposed plan or request, will not comply with applicable rules, the director shall issue an order prohibiting any action under the proposed plan or request for modification or closure in whole or in part. (8) A person who owns or operates a facility or site required to have an approved hazardous waste operation plan under this section and who has pending a permit application before the United States Environmental Protection Agency shall be treated as having an approved plan until final administrative disposition of the permit application is made under this section, unless the director determines that final administrative disposition of the application has not been made because of the failure of the owner or operator to furnish any information requested, or the facility's interim status has terminated under Section 3005(e) of the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6925(e). (9) The director may not approve a proposed nonhazardous solid or hazardous waste operation plan unless the plan contains the information that the board requires, including: (a) estimates of the composition, quantities, and concentrations of any hazardous waste identified under this part and the proposed treatment, storage, or disposal of the hazardous waste; (b) evidence that the transfer, treatment, or disposal of nonhazardous solid waste or treatment, storage, or disposal of hazardous waste will not be done in a manner that may cause or significantly contribute to an increase in mortality, an increase in serious irreversible or incapacitating reversible illness, or pose a substantial present or potential hazard to human health or the environment; (c) consistent with the degree and duration of risks associated with the transfer, treatment, or disposal of nonhazardous solid waste or treatment, storage, or disposal of specified hazardous waste, evidence of financial responsibility in whatever form and amount that the director determines is necessary to ensure continuity of operation and that upon abandonment, cessation, or interruption of the operation of the facility or site, the reasonable measures consistent with the available knowledge will be taken to ensure that the waste subsequent to being treated, stored, or disposed of at the site or facility will not present a hazard to the public or the environment; (d) evidence that the personnel employed at the facility or site have education and training for the safe and adequate handling of nonhazardous solid or hazardous waste; (e) plans, specifications, and other information that the director considers relevant to determine whether the proposed nonhazardous solid or hazardous waste operation plan will comply with this part and the rules of the board; (f) compliance schedules, when applicable, including schedules for corrective action or other response measures for releases from a solid waste management unit at the facility, regardless of the time the waste was placed in the unit; (g) for a proposed operation plan submitted on or after July 1, 2013, for a new solid or hazardous waste facility other than a water treatment facility that treats, stores, or disposes site-generated solid or hazardous waste onsite, a traffic impact study that: (i) takes into consideration the safety, operation, and condition of roadways serving the proposed facility; and (ii) is reviewed and approved by the Department of Transportation or a local highway authority, whichever has jurisdiction over each road serving the proposed facility, with the cost of the review paid by the person who submits the proposed operation plan; and (h) for a proposed operation plan submitted on or after July 1, 2013, for a new nonhazardous solid waste facility owned or operated by a local government, financial information that discloses the costs of establishing and operating the facility, including: (i) land acquisition and leasing; (ii) construction; (iii) estimated annual operation; (iv) equipment; (v) ancillary structures; (vi) roads; (vii) transfer stations; and (viii) using other operations that are not contiguous to the proposed facility but are necessary to support the facility's construction and operation. (10) The director may not approve a commercial nonhazardous solid or hazardous waste operation plan that meets the requirements of Subsection (9) unless the operation plan contains the information required by the board, including: (a) evidence that the proposed commercial facility has a proven market of nonhazardous solid or hazardous waste, including: (i) information on the source, quantity, and price charged for treating, storing, and disposing of potential nonhazardous solid or hazardous waste in the state and regionally; (ii) a market analysis of the need for a commercial facility given existing and potential generation of nonhazardous solid or hazardous waste in the state and regionally; and (iii) a review of other existing and proposed commercial nonhazardous solid or hazardous waste facilities regionally and nationally that would compete for the treatment, storage, or disposal of the nonhazardous solid or hazardous waste; (b) a description of the public benefits of the proposed facility, including: (i) the need in the state for the additional capacity for the management of nonhazardous solid or hazardous waste; (ii) the energy and resources recoverable by the proposed facility; (iii) the reduction of nonhazardous solid or hazardous waste management methods, that are less suitable for the environment, that would be made possible by the proposed facility; and (iv) whether any other available site or method for the management of hazardous waste would be less detrimental to the public health or safety or to the quality of the environment; and (c) compliance history of an owner or operator of a proposed commercial nonhazardous solid or hazardous waste treatment, storage, or disposal facility, that may be applied by the director in a nonhazardous solid or hazardous waste operation plan decision, including any plan conditions. (11) The director may not approve a commercial nonhazardous solid or hazardous waste facility operation plan unless based on the application, and in addition to the determination required in Subsections (9) and (10), the director determines that: (a) the probable beneficial environmental effect of the facility to the state outweighs the probable adverse environmental effect; and (b) there is a need for the facility to serve industry within the state. (12) (a) The director may not approve an operation plan or permit for a nonhazardous solid waste class VII landfill facility unless, based on the application, the operation plan and permit contain engineering plans and specifications for cell design that includes: (i) an impervious synthetic liner system that has hydraulic conductivity no greater than 1E-7 centimeters per second; or (ii) a clay liner system equivalent to a liner system described in Subsection (12)(a)(i). (b) A nonhazardous solid waste class VII landfill facility is considered to have an approved operation plan or permit for purposes of Subsection (12)(a) if the nonhazardous solid waste class VII landfill facility: (i) on January 1, 2025, was permitted by the Division of Oil, Gas, and Mining; and (ii) on or before May 7, 2025, obtains a temporary permit, as defined by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the nonhazardous solid waste class VII landfill facility. (c) Notwithstanding Subsection (12)(b), a nonhazardous solid waste class VII landfill facility described in Subsection (12)(b) shall ensure that as of July 1, 2030, each cell within the nonhazardous solid waste class VII landfill facility has: (i) an impervious synthetic liner system that has hydraulic conductivity no greater than 1E-7 centimeters per second; or (ii) a clay liner system equivalent to a liner system described in Subsection (12)(c)(i). (13) Approval of a nonhazardous solid or hazardous waste operation plan may be revoked, in whole or in part, if the person to whom approval of the plan has been given fails to comply with that plan. (14) The director shall review approved nonhazardous solid and hazardous waste operation plans at least once every five years. (15) Subsections (10) and (11) do not apply to a hazardous waste facility in existence or to an application filed or pending in the department before April 24, 1989, that are determined by the executive secretary of the board on or before December 31, 1990, to be complete, in accordance with state and federal requirements applicable to operation plans for hazardous waste facilities. (16) Subsections (9), (10), and (11) do not apply to a nonhazardous solid waste facility in existence or to an application filed or pending in the department before January 1, 1990, that is determined by the director, on or before December 31, 1990, to be complete in accordance with state and federal requirements applicable to operation plans for nonhazardous solid waste facilities. (17) Nonhazardous solid waste generated outside of this state that is defined as hazardous waste in the state where the nonhazardous solid waste is generated and that is received for disposal in this state may not be disposed of at a nonhazardous waste disposal facility owned and operated by local government or a facility under contract with a local government solely for disposal of nonhazardous solid waste generated within the boundaries of the local government, unless disposal is approved by the director. (18) This section may not be construed to exempt a facility from applicable regulation under the federal Atomic Energy Act, 42 U.S.C. Sec. 2014 and 2021 through 2114.
Utah Code § 19-6-1204 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-1204
§ 19-6-1204. Public education programs -- Publication on department website.
Status: in_force

7/1/2026 (1) A manufacturer may not offer a consumer electronic device for sale in the state unless the manufacturer individually, through a group manufacturer organization, or through the manufacturer's industry trade group establishes and implements a public education program in accordance with Subsection (2). (2) (a) The public education program required under Subsection (1) shall: (i) inform a consumer about eligible programs; and (ii) use manufacturer-developed customer outreach materials, such as packaging inserts, company websites, and other communication methods, to inform a consumer about eligible programs. (b) A manufacturer described in Subsection (1) shall work with the department and other interested parties to develop educational materials that inform consumers about an eligible program. (3) The department shall develop a public education program to: (a) promote eligible programs; (b) promote existing recycling resources in this state; (c) assist a manufacturer's public outreach program in accordance with Subsection (2)(b); (d) encourage a retailer to inform a consumer of eligible programs at the point of sale of a consumer electronic device; and (e) support a local government or other entity interested in creating a community collection event. (4) The department shall publish on the department's website: (a) the public education program developed by the department under Subsection (3); (b) a community collection event submitted to the department under Subsection 19-6-1205(2); and (c) a report received by the department under Section 19-6-1203.
Utah Code § 19-6-806 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-806
§ 19-6-806. Registration of waste tire transporters and recyclers.
Status: in_force

(1) (a) The director shall register an applicant for registration to act as a waste tire transporter if the applicant meets the requirements of this section. (b) An applicant for registration as a waste tire transporter shall: (i) submit an application in a form prescribed by the director; (ii) pay a fee as determined by the board under Section 63J-1-504; (iii) provide the name and business address of the operator; (iv) provide proof of liability insurance or other form of financial responsibility in an amount determined by board rule, but not more than $300,000, for any liability the waste tire transporter may incur in transporting waste tires; and (v) meet requirements established by board rule. (c) The holder of a registration under this section shall advise the director in writing of a change in application information provided to the director within 20 days of the change. (d) A waste tire transporter may only deliver tires to a recycler in accordance with this part or rules made under this part. If the director has reason to believe a waste tire transporter has disposed of tires other than as allowed under this part, the director shall conduct an investigation and, after complying with the procedural requirements of Title 63G, Chapter 4, Administrative Procedures Act, may revoke the registration. (2) (a) The director shall register an applicant for registration to act as a waste tire recycler if the applicant meets the requirements of this section. (b) An applicant for registration as a waste tire recycler shall: (i) submit an application in a form prescribed by the director; (ii) pay a fee as determined by the board under Section 63J-1-504; (iii) provide the name and business address of the operator of the recycling business; (iv) provide proof of liability insurance or other form of financial responsibility in an amount determined by board rule, but not more than $300,000, for any liability the waste tire recycler may incur in storing and recycling waste tires; (v) engage in activities as described under the definition of recycler in Section 19-6-803; and (vi) meet requirements established by board rule. (c) The holder of a registration under this section shall advise the director in writing of a change in application information provided to the director within 20 days of the change. (d) If the director has reason to believe a waste tire recycler has falsified any information provided in an application for partial reimbursement under this section, the director shall, after complying with the procedural requirements of Title 63G, Chapter 4, Administrative Procedures Act, revoke the registration. (3) The board shall establish a uniform fee for registration that shall be imposed by a unit of local government or local health department that requires a registration fee as part of the registration of waste tire transporters or waste tire recyclers.
Utah Code § 19-1-206 — Utah Code / Title 19 / Chapter 19-1 / § 19-1-206
§ 19-1-206. Contracting powers of department -- Health insurance coverage.
Status: in_force

(1) As used in this section: (a) "Aggregate" means the sum of all contracts, change orders, and modifications related to a single project. (b) "Change order" means the same as that term is defined in Section 63G-6a-103. (c) "Employee" means, as defined in Section 34A-2-104, an "employee," "worker," or "operative" who: (i) works at least 30 hours per calendar week; and (ii) meets employer eligibility waiting requirements for health care insurance, which may not exceed the first day of the calendar month following 60 days after the day on which the individual is hired. (d) "Health benefit plan" means: (i) the same as that term is defined in Section 31A-1-301; or (ii) an employee welfare benefit plan: (A) established under the Employee Retirement Income Security Act of 1974, 29 U.S.C. Sec. 1001 et seq.; (B) for an employer with 100 or more employees; and (C) in which the employer establishes a self-funded or partially self-funded group health plan to provide medical care for the employer's employees and dependents of the employees. (e) "Qualified health coverage" means the same as that term is defined in Section 26B-3-909. (f) "Subcontractor" means the same as that term is defined in Section 63A-5b-605. (g) "Third party administrator" or "administrator" means the same as that term is defined in Section 31A-1-301. (2) Except as provided in Subsection (3), the requirements of this section apply to: (a) a contractor of a design or construction contract entered into by, or delegated to, the department, or a division or board of the department, on or after July 1, 2009, if the prime contract is in an aggregate amount equal to or greater than $2,000,000; and (b) a subcontractor of a contractor of a design or construction contract entered into by, or delegated to, the department, or a division or board of the department, on or after July 1, 2009, if the subcontract is in an aggregate amount equal to or greater than $1,000,000. (3) This section does not apply to contracts entered into by the department or a division or board of the department if: (a) the application of this section jeopardizes the receipt of federal funds; (b) the contract or agreement is between: (i) the department or a division or board of the department; and (ii) (A) another agency of the state; (B) the federal government; (C) another state; (D) an interstate agency; (E) a political subdivision of this state; or (F) a political subdivision of another state; (c) the executive director determines that applying the requirements of this section to a particular contract interferes with the effective response to an immediate health and safety threat from the environment; or (d) the contract is: (i) a sole source contract; or (ii) an emergency procurement. (4) A person that intentionally uses change orders, contract modifications, or multiple contracts to circumvent the requirements of this section is guilty of an infraction. (5) (a) A contractor subject to the requirements of this section shall demonstrate to the executive director that the contractor has and will maintain an offer of qualified health coverage for the contractor's employees and the employees' dependents during the duration of the contract by submitting to the executive director a written statement that: (i) the contractor offers qualified health coverage that complies with Section 26B-3-909; (ii) is from: (A) an actuary selected by the contractor or the contractor's insurer; (B) an underwriter who is responsible for developing the employer group's premium rates; or (C) if the contractor provides a health benefit plan described in Subsection (1)(d)(ii), an actuary or underwriter selected by a third party administrator; and (iii) was created within one year before the day on which the statement is submitted. (b) (i) A contractor that provides a health benefit plan described in Subsection (1)(d)(ii) shall provide the actuary or underwriter selected by an administrator, as described in Subsection (5)(a)(ii)(C), sufficient information to determine whether the contractor's contribution to the health benefit plan and the actuarial value of the health benefit plan meet the requirements of qualified health coverage. (ii) A contractor may not make a change to the contractor's contribution to the health benefit plan, unless the contractor provides notice to: (A) the actuary or underwriter selected by an administrator, as described in Subsection (5)(a)(ii)(C), for the actuary or underwriter to update the written statement described in Subsection (5)(a) in compliance with this section; and (B) the department. (c) A contractor that is subject to the requirements of this section shall: (i) place a requirement in each of the contractor's subcontracts that a subcontractor that is subject to the requirements of this section shall obtain and maintain an offer of qualified health coverage for the subcontractor's employees and the employees' dependents during the duration of the subcontract; and (ii) obtain from a subcontractor that is subject to the requirements of this section a written statement that: (A) the subcontractor offers qualified health coverage that complies with Section 26B-3-909; (B) is from an actuary selected by the subcontractor or the subcontractor's insurer, an underwriter who is responsible for developing the employer group's premium rates, or if the subcontractor provides a health benefit plan described in Subsection (1)(d)(ii), an actuary or underwriter selected by an administrator; and (C) was created within one year before the day on which the contractor obtains the statement. (d) (i) (A) A contractor that fails to maintain an offer of qualified health coverage described in Subsection (5)(a) during the duration of the contract is subject to penalties in accordance with administrative rules adopted by the department under Subsection (6). (B) A contractor is not subject to penalties for the failure of a subcontractor to obtain and maintain an offer of qualified health coverage described in Subsection (5)(c)(i). (ii) (A) A subcontractor that fails to obtain and maintain an offer of qualified health coverage described in Subsection (5)(c) during the duration of the subcontract is subject to penalties in accordance with administrative rules adopted by the department under Subsection (6). (B) A subcontractor is not subject to penalties for the failure of a contractor to maintain an offer of qualified health coverage described in Subsection (5)(a). (6) The department shall adopt administrative rules: (a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (b) in coordination with: (i) a public transit district in accordance with Section 17B-2a-818.5; (ii) the Department of Natural Resources in accordance with Section 79-2-404; (iii) the Division of Facilities Construction and Management in accordance with Section 63A-5b-607; (iv) the State Capitol Preservation Board in accordance with Section 63O-2-403; (v) the Department of Transportation in accordance with Section 72-6-107.5; and (vi) the Legislature's General Oversight Committee created in Section 36-35-102; and (c) that establish: (i) the requirements and procedures a contractor and a subcontractor shall follow to demonstrate compliance with this section, including: (A) that a contractor or subcontractor's compliance with this section is subject to an audit by the department or the Office of the Legislative Auditor General; (B) that a contractor that is subject to the requirements of this section shall obtain a written statement described in Subsection (5)(a); and (C) that a subcontractor that is subject to the requirements of this section shall obtain a written statement described in Subsection (5)(c)(ii); (ii) the penalties that may be imposed if a contractor or subcontractor intentionally violates the provisions of this section, which may include: (A) a three-month suspension of the contractor or subcontractor from entering into future contracts with the state upon the first violation; (B) a six-month suspension of the contractor or subcontractor from entering into future contracts with the state upon the second violation; (C) an action for debarment of the contractor or subcontractor in accordance with Section 63G-6a-904 upon the third or subsequent violation; and (D) notwithstanding Section 19-1-303, monetary penalties which may not exceed 50% of the amount necessary to purchase qualified health coverage for an employee and the dependents of an employee of the contractor or subcontractor who was not offered qualified health coverage during the duration of the contract; and (iii) a website on which the department shall post the commercially equivalent benchmark, for the qualified health coverage identified in Subsection (1)(e), that is provided by the Department of Health and Human Services, in accordance with Subsection 26B-3-909(2). (7) (a) (i) In addition to the penalties imposed under Subsection (6)(c)(ii), a contractor or subcontractor who intentionally violates the provisions of this section is liable to the employee for health care costs that would have been covered by qualified health coverage. (ii) An employer has an affirmative defense to a cause of action under Subsection (7)(a)(i) if: (A) the employer relied in good faith on a written statement described in Subsection (5)(a) or (5)(c)(ii); or (B) the department determines that compliance with this section is not required under the provisions of Subsection (3). (b) An employee has a private right of action only against the employee's employer to enforce the provisions of this Subsection (7). (8) Any penalties imposed and collected under this section shall be deposited into the Medicaid Growth Reduction and Budget Stabilization Account created in Section 63J-1-315. (9) The failure of a contractor or subcontractor to provide qualified health coverage as required by this section: (a) may not be the basis for a protest or other action from a prospective bidder, offeror, or contractor under: (i) Section 63G-6a-1602; or (ii) any other provision in Title 63G, Chapter 6a, Utah Procurement Code; and (b) may not be used by the procurement entity or a prospective bidder, offeror, or contractor as a basis for any action or suit that would suspend, disrupt, or terminate the design or construction. (10) An administrator, including an administrator's actuary or underwriter, who provides a written statement under Subsection (5)(a) or (c) regarding the qualified health coverage of a contractor or subcontractor who provides a health benefit plan described in Subsection (1)(d)(ii): (a) subject to Subsection (10)(b), is not liable for an error in the written statement, unless the administrator commits gross negligence in preparing the written statement; (b) is not liable for any error in the written statement if the administrator relied in good faith on information from the contractor or subcontractor; and (c) may require as a condition of providing the written statement that a contractor or subcontractor hold the administrator harmless for an action arising under this section.
Utah Code § 19-2-112 — Utah Code / Title 19 / Chapter 19-2 / § 19-2-112
§ 19-2-112. Generalized condition of air pollution creating emergency -- Sources causing imminent danger to health -- Powers of executive director -- Declaration of emergency.
Status: in_force

(1) (a) Title 63G, Chapter 4, Administrative Procedures Act, and any other provision of law to the contrary notwithstanding, if the executive director finds that a generalized condition of air pollution exists and that it creates an emergency requiring immediate action to protect human health or safety, the executive director, with the concurrence of the governor, shall order persons causing or contributing to the air pollution to reduce or discontinue immediately the emission of air pollutants. (b) The order shall fix a place and time, not later than 24 hours after its issuance, for a hearing to be held before the governor. (c) Not more than 24 hours after the commencement of this hearing, and without adjournment of it, the governor shall affirm, modify, or set aside the order of the executive director. (2) (a) In the absence of a generalized condition of air pollution referred to in Subsection (1), but if the executive director finds that emissions from the operation of one or more air pollutant sources is causing imminent danger to human health or safety, the executive director may commence adjudicative proceedings under Section 63G-4-502. (b) Notwithstanding Section 19-1-301 or 19-1-301.5, the executive director may conduct the emergency adjudicative proceeding in place of an administrative law judge. (3) Nothing in this section limits any power that the governor or any other officer has to declare an emergency and act on the basis of that declaration.
Utah Code § 19-2-107 — Utah Code / Title 19 / Chapter 19-2 / § 19-2-107
§ 19-2-107. Director -- Appointment -- Powers.
Status: in_force

(1) The executive director shall appoint the director. The director shall serve under the administrative direction of the executive director. (2) (a) The director shall: (i) prepare and develop comprehensive plans for the prevention, abatement, and control of air pollution in Utah; (ii) advise, consult, and cooperate with other agencies of the state, the federal government, other states and interstate agencies, and affected groups, political subdivisions, and industries in furtherance of the purposes of this chapter; (iii) review plans, specifications, or other data relative to air pollution control equipment or any part of the air pollution control equipment; (iv) under the direction of the executive director, represent the state in all matters relating to interstate air pollution, including interstate compacts and similar agreements; (v) secure necessary scientific, technical, administrative, and operational services, including laboratory facilities, by contract or otherwise; (vi) encourage voluntary cooperation by persons and affected groups to achieve the purposes of this chapter; (vii) encourage local units of government to handle air pollution within their respective jurisdictions on a cooperative basis and provide technical and consulting assistance to them; (viii) determine by means of field studies and sampling the degree of air contamination and air pollution in all parts of the state; (ix) monitor the effects of the emission of air pollutants from motor vehicles on the quality of the outdoor atmosphere in all parts of Utah and take appropriate responsive action; (x) collect and disseminate information relating to air contamination and air pollution and conduct educational and training programs relating to air contamination and air pollution; (xi) assess and collect noncompliance penalties as required in Section 120 of the federal Clean Air Act, 42 U.S.C. Section 7420; (xii) comply with the requirements of federal air pollution laws; (xiii) subject to the provisions of this chapter, enforce rules through the issuance of orders, including: (A) prohibiting or abating discharges of wastes affecting ambient air; (B) requiring the construction of new control facilities or any parts of new control facilities or the modification, extension, or alteration of existing control facilities or any parts of new control facilities; or (C) adopting other remedial measures to prevent, control, or abate air pollution; and (xiv) 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. (b) The director may: (i) employ full-time, temporary, part-time, and contract employees necessary to carry out this chapter; (ii) subject to the provisions of this chapter, authorize an 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 air pollution; (iii) encourage, participate in, or conduct studies, investigations, research, and demonstrations relating to air pollution and its causes, effects, prevention, abatement, and control, as advisable and necessary for the discharge of duties assigned under this chapter, including the establishment of inventories of pollution sources; (iv) collect and disseminate information relating to air pollution and the prevention, control, and abatement of it; (v) cooperate with studies and research relating to air pollution and its control, abatement, and prevention; (vi) subject to Subsection (3), upon request, consult concerning the following with a person proposing to construct, install, or otherwise acquire an air pollutant source in Utah: (A) the efficacy of proposed air pollution control equipment for the source; or (B) the air pollution problem that may be related to the source; (vii) accept, receive, and administer grants or other funds or gifts from public and private agencies, including the federal government, for the purpose of carrying out any of the functions of this chapter; (viii) subject to Subsection 19-2-104(3)(b)(i), settle or compromise a civil action initiated by the division to compel compliance with this chapter or the rules made under this chapter; or (ix) subject to the provisions of this chapter, exercise all incidental powers necessary to carry out the purposes of this chapter, including certification to state or federal authorities for tax purposes that air pollution control equipment has been certified in conformity with Title 19, Chapter 12, Pollution Control Act. (3) A consultation described in Subsection (2)(b)(vi) does not relieve a person from the requirements of this chapter, the rules adopted under this chapter, or any other provision of law.
Utah Code § 19-2-202 — Utah Code / Title 19 / Chapter 19-2 / § 19-2-202
§ 19-2-202. Definitions.
Status: in_force

As used in this part: (1) "Board" means the Air Quality Board. (2) "Certified" means certified by the United States Environmental Protection Agency or the California Air Resources Board to meet appropriate emission standards. (3) "Cost" means the total reasonable cost of a project eligible for a grant under the fund, including the cost of labor. (4) "Director" means the director of the Division of Air Quality. (5) "Division" means the Division of Air Quality, created in Subsection 19-1-105(1)(a). (6) "Eligible equipment" means equipment with engines, including stationary generators and pumps, operated and, if applicable, permitted in Utah. (7) "Eligible vehicle" means a vehicle operated and, if applicable, registered in Utah that is: (a) a medium-duty or heavy-duty transit bus; (b) a school bus as defined in Section 53-3-102; (c) a medium-duty or heavy-duty truck with a gross vehicle weight rating of at least 16,001 GVWR; (d) a locomotive; or (e) another type of vehicle identified by the board in rule as being a significant potential source of air pollution, as defined in Section 19-2-102. (8) "Verified" means verified by the United States Environmental Protection Agency or the California Air Resources Board to reduce air emissions and meet durability requirements.
Utah Code § 19-6-117.5 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-117.5
§ 19-6-117.5. Applicability of fees for treatment or disposal of waste.
Status: in_force

Waste that is subject to more than one fee under Section 19-6-118, 19-6-118.5, or 19-6-119 is subject only to the highest applicable fee.
Utah Code § 19-1-307 — Utah Code / Title 19 / Chapter 19-1 / § 19-1-307
§ 19-1-307. Evaluation of closure, postclosure, and perpetual care and maintenance for hazardous waste and radioactive waste treatment and disposal facilities -- Report.
Status: in_force

(1) (a) The Waste Management and Radiation Control Board created in Section 19-1-106 may direct an evaluation of a commercial hazardous waste treatment, storage, or disposal facility, if the facility is: (i) licensed or permitted after July 1, 2017; or (ii) (A) licensed or permitted before July 1, 2017; and (B) has cumulatively increased the facility's licensed disposal volume by 25% or more. (b) The evaluation shall determine: (i) the adequacy of the amount of financial assurance required for closure and postclosure care under 40 C.F.R. subpart H, Sections 264.140 through 264.151 submitted pursuant to a hazardous waste operation plan for a commercial hazardous waste treatment, storage, or disposal facility under Section 19-6-108; (ii) the adequacy of the amount of financial assurance or funds required for perpetual care and maintenance following the closure and postclosure period of a commercial hazardous waste treatment, storage, or disposal facility, if found necessary following the evaluation under Subsection (1)(c); (iii) whether the amount of financial assurance required is adequate for closure and postclosure care of hazardous waste treatment, storage, or disposal facilities; (iv) whether the amount of financial assurance or funds required is adequate for perpetual care and maintenance following the closure and postclosure period of a commercial hazardous waste treatment, storage, or disposal facility, if found necessary following the evaluation under Subsection (1)(c); and (v) the costs above the minimal maintenance and monitoring for reasonable risks that may occur during closure, postclosure, and perpetual care and maintenance of commercial hazardous waste treatment, storage, or disposal facilities including: (A) groundwater corrective action; (B) differential settlement failure; or (C) major maintenance of a cell or cells. (c) The Waste Management and Radiation Control Board shall evaluate in 2006 whether financial assurance or funds are necessary for perpetual care and maintenance following the closure and postclosure period of a commercial hazardous waste treatment, storage, or disposal facility to protect human health and the environment. (2) (a) The Waste Management and Radiation Control Board created in Section 19-1-106 may direct an evaluation of a commercial radioactive waste treatment or disposal facility if the facility is: (i) licensed or permitted after July 1, 2017; or (ii) (A) licensed or permitted before July 1, 2017; and (B) has cumulatively increased the facility's licensed disposal volume by 25% or more. (b) The evaluation shall determine: (i) the adequacy of the Radioactive Waste Perpetual Care and Maintenance Account created by Section 19-3-106.2; (ii) the adequacy of the amount of financial assurance required for closure and postclosure care of commercial radioactive waste treatment or disposal facilities under Subsection 19-3-104(11); (iii) whether the restricted account is adequate to provide for perpetual care and maintenance of commercial radioactive waste treatment or disposal facilities; (iv) the costs under Subsection 19-3-106.2(4)(b) of using the Radioactive Waste Perpetual Care and Maintenance Account during the period before the end of 100 years following final closure of the facility for maintenance, monitoring, or corrective action in the event that the owner or operator is unwilling or unable to carry out the duties of postclosure maintenance, monitoring, or corrective action; and (v) the costs above the minimal maintenance and monitoring for reasonable risks that may occur during closure, postclosure, and perpetual care and maintenance of commercial radioactive waste treatment or disposal facilities including: (A) groundwater corrective action; (B) differential settlement failure; or (C) major maintenance of a cell or cells. (3) (a) The board under Subsections (1) and (2) shall submit a report on the evaluations to the Legislative Management Committee. (b) For each report received under Subsection (3)(a), the Legislative Management Committee shall review and evaluate the report and determine whether to recommend further action.
Utah Code § 19-5-115 — Utah Code / Title 19 / Chapter 19-5 / § 19-5-115
§ 19-5-115. Violations -- Civil and criminal penalties -- Ordinances and rules of political subdivisions -- Reimbursement for expenses.
Status: in_force

(1) As used in this section: (a) "Criminal negligence" means the same as that term is defined in Section 76-2-103. (b) "Knowingly" means the same as that term is defined in Section 76-2-103. (c) (i) "Organization" means a legal entity, other than a government, established or organized for any purpose. (ii) "Organization" includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other association of persons. (d) "Serious bodily injury" means bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. (e) "Willfully" means the same as that term is defined in Section 76-2-103. (2) (a) A person that violates this chapter, or any permit, rule, or order adopted under this chapter, is subject in a civil proceeding to a civil penalty not to exceed $10,000 per day of violation. (b) The department shall retain the revenue from an administrative fine under Subsection 19-5-108.3(7) as a dedicated credit for the purposes of outreach and education to applicants. (c) The division may issue an order to stop construction in accordance with Subsection 19-5-108.3(7). (3) (a) A person is guilty of a class A misdemeanor, subject to imprisonment under Section 76-3-204, and subject to a fine not exceeding $25,000 per day, if the person with criminal negligence: (i) discharges pollutants in violation of Subsection 19-5-107(1) or in violation of any condition or limitation included in a permit issued under Subsection 19-5-107(3); (ii) violates Section 19-5-113; (iii) violates a pretreatment standard or toxic effluent standard for publicly owned treatment works; or (iv) manages sewage sludge in violation of this chapter or rules adopted under this chapter. (b) A person is guilty of a third degree felony, subject to imprisonment under Section 76-3-203, and subject to a fine not to exceed $50,000 per day of violation, if the person knowingly: (i) discharges pollutants in violation of Subsection 19-5-107(1) or in violation of any condition or limitation included in a permit issued under Subsection 19-5-107(3); (ii) violates Section 19-5-113; (iii) violates a pretreatment standard or toxic effluent standard for publicly owned treatment works; or (iv) manages sewage sludge in violation of this chapter or rules adopted under this chapter. (4) A person is guilty of a third degree felony, subject to imprisonment under Section 76-3-203, and subject to a fine not exceeding $10,000 per day of violation, if the person knowingly: (a) makes a false material statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter, or by any permit, rule, or order issued under this chapter; or (b) falsifies, tampers with, or knowingly renders inaccurate a monitoring device or method required to be maintained under this chapter. (5) (a) A person is guilty of a second degree felony, subject to imprisonment under Section 76-3-203, and subject to a fine of not more than $250,000 if the person: (i) knowingly violates this chapter, or any permit, rule, or order adopted under this chapter; and (ii) knows at that time that the person is placing another person in imminent danger of death or serious bodily injury. (b) If a person is an organization, the organization shall, upon conviction of violating Subsection (5)(a), be subject to a fine of not more than $1,000,000. (c) (i) A defendant who is an individual is considered to have acted knowingly if: (A) the defendant's conduct placed another person in imminent danger of death or serious bodily injury; and (B) the defendant was aware of or believed that there was an imminent danger of death or serious bodily injury to another person. (ii) Knowledge possessed by a person other than the defendant may not be attributed to the defendant. (iii) Circumstantial evidence may be used to prove that the defendant possessed actual knowledge, including evidence that the defendant took affirmative steps to be shielded from receiving relevant information. (d) (i) It is an affirmative defense to prosecution under this Subsection (5) that the conduct charged was consented to by the person endangered and that the danger and conduct charged were reasonably foreseeable hazards of: (A) an occupation, a business, or a profession; or (B) medical treatment or medical or scientific experimentation conducted by professionally approved methods and the other person was aware of the risks involved before giving consent. (ii) The defendant has the burden of proof to establish an affirmative defense under this Subsection (5)(d) and shall prove that defense by a preponderance of the evidence. (6) For purposes of Subsections (3) through (5), a single operational upset that leads to simultaneous violations of more than one pollutant parameter shall be treated as a single violation. (7) (a) The director may bring a civil action for appropriate relief, including a permanent or temporary injunction, for any violation or threatened violation for which the director is authorized to issue a compliance order under Section 19-5-111. (b) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, the director shall bring a civil action in the district court where the violation or threatened violation occurs if the director brings the action in a district court. (8) (a) The attorney general is the legal advisor for the board and the director and shall defend the board or director in an action or proceeding brought against the board or director. (b) The county attorney or district attorney, as appropriate under Section 17-68-302 or 17-68-303, in the county in which a cause of action arises, shall bring an action, civil or criminal, requested by the director, to abate a condition that exists in violation of, or to prosecute for the violation of, or to enforce, the laws or the standards, orders, and rules of the board or the director issued under this chapter. (c) The director may initiate an action under this section and be represented by the attorney general. (9) If a person fails to comply with a cease and desist order that is not subject to a stay pending administrative or judicial review, the director may initiate an action for and be entitled to injunctive relief to prevent any further or continued violation of the order. (10) A political subdivision of the state may enact and enforce ordinances or rules for the implementation of this chapter that are not inconsistent with this chapter. (11) (a) For purposes of this section or an ordinance or rule enacted by a political subdivision under Subsection (10), an act performed by an individual wholly within the scope of the individual's employment with an organization, is attributed to the organization. (b) Notwithstanding the other provisions of this section, an action may not be brought against an individual acting wholly within the scope of the individual's employment with an organization if the action is brought under: (i) this section; (ii) an ordinance or rule issued by a political subdivision under Subsection (10); or (iii) any local law or ordinance governing discharge. (12) Except as provided in Subsections 19-1-303.5(2) and 19-5-108.3(7)(d), and unless prohibited by federal law, the department shall deposit all money collected from a civil penalty or fine imposed under this section into the General Fund.
Utah Code § 19-6-804 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-804
§ 19-6-804. Restrictions on disposal and transfer of tires -- Penalties -- Reimbursement for expenses.
Status: in_force

(1) (a) An individual, including a waste tire transporter, may not transfer for temporary storage more than 12 whole tires at one time to a landfill or other location in the state authorized by the director to receive waste tires, except for purposes authorized by board rule. (b) Tires are exempt from this Subsection (1) if the original tire has a rim diameter greater than 24.5 inches. (c) A person, including a waste tire transporter, may not dispose of waste tires or store waste tires in any manner not allowed under this part or rules made under this part. (2) The operator of the landfill or other authorized location shall direct that the waste tires be stored in a designated area to facilitate retrieval if a market becomes available for the disposed waste tires or material derived from waste tires. (3) An individual, including a waste tire transporter, may dispose of shredded waste tires in a landfill in accordance with Section 19-6-812, and may also, without reimbursement, dispose in a landfill materials derived from waste tires that do not qualify for reimbursement under Section 19-6-812, but the landfill shall dispose of the material in accordance with Section 19-6-812. (4) A tire retailer may only transfer ownership of a waste tire described in Subsection 19-6-803(28)(b) to: (a) a person who purchases it for the person's own use and not for resale; or (b) a waste tire transporter that: (i) is registered in accordance with Section 19-6-806; and (ii) agrees to transport the tire to: (A) a tire retailer that sells the tire wholesale or retail; or (B) a recycler. (5) (a) (i) An individual, including a waste tire transporter, violating this section is subject to enforcement proceedings and a civil penalty of not more than $100 per waste tire or per passenger tire equivalent disposed of in violation of this section. (ii) A warning notice may be issued before taking further enforcement action under this Subsection (5). (b) The director, the local health department, or the county attorney with jurisdiction over the location where the tires were disposed in violation of this section, may bring an action to enforce this section and collect penalties in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration. (c) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, the director, local health department, or county attorney shall bring an action described in Subsection (5)(b) in the county where the violation occurred if the action is brought in the district court. (d) 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 § 19-6-606 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-606
§ 19-6-606. Enforcement.
Status: in_force

(1) The director may authorize inspections under Section 19-6-107 of any place, building, or premise where lead acid batteries are sold to determine compliance with this part. The director may authorize inspections under this subsection only as funding is available within the department's current budget. (2) Local health departments established under Title 26A, Local Health Authorities, may enforce the provisions of this part.
Utah Code § 19-10-101 — Utah Code / Title 19 / Chapter 19-10 / § 19-10-101
§ 19-10-101. Scope.
Status: in_force

(1) This chapter applies to an environmental institutional control created before May 1, 2006. (2) Title 57, Chapter 25, Uniform Environmental Covenants Act, governs an environmental covenant created on or after May 1, 2006.
Utah Code § 19-6-506 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-506
§ 19-6-506. Schedule of fees -- Classification of property -- Collection of delinquent fees.
Status: in_force

(1) (a) The governing body of any public entity may by ordinance or resolution establish a schedule of fees to be imposed and assessed on property within its jurisdiction the revenue from which shall be used for solid waste purposes. (b) In establishing a schedule of fees, the governing body shall classify the property within its jurisdiction based upon the character and volume of waste occurring from the various property uses subject to this part. (c) If the governing body makes solid waste facilities available to a public entity as provided in Section 19-6-505, it shall charge a fee to that public entity, calculated in the same way as fees assessed on property within the jurisdiction of the governing body. (2) (a) The governing body may impose, assess, and collect a reasonable fee for each classification of property established and divide the property within its jurisdiction according to the classifications. (b) It may also establish classifications of property for which services may be provided for no fee or a reduced fee and determine the eligibility requirements for inclusion in the classifications upon application by property owners on a case-by-case basis. (c) The governing body shall impose and assess the appropriate fee established for each classification and division of property by ordinance or resolution, and provide therein for the billing and collection of the fees on an annual or more frequent basis as it shall determine to be necessary or appropriate. (d) The ordinance or resolution may provide that the fees imposed and assessed may be billed and collected by the county treasurer as a part of the regular, ad valorem property tax notice, billing, and collection system of the county, if it is feasible to do so, unless the public entity imposing and assessing the fees has an existing service or utility billing and collection system which can be used for this purpose. (3) County treasurers may include the fees certified to them pursuant to this part on the general, ad valorem tax notice and collect and remit the fees in the manner and as a part of the tax collection system including the collection of delinquent fees in the manner provided by law for tax delinquencies. (4) Any governing body which uses the general property tax billing and collection system of a county to bill and collect the fees imposed and assessed under this part shall reimburse the county for the actual costs thereof annually, which costs include the materials, equipment, and supplies used and the labor involved plus a factor added for overhead and general and administrative expenses.
Utah Code § 19-14-101 — Utah Code / Title 19 / Chapter 19-14 / § 19-14-101
§ 19-14-101. Definitions.
Status: in_force

(1) "Agreement State" means a state with which the Nuclear Regulatory Commission has entered into an agreement under Section 274 of the Atomic Energy Act of 1954, 42 U.S.C. Sec. 2021, authorizing the state to regulate certain radioactive materials within the state. (2) "Board" means the Waste Management and Radiation Control Board created in Section 19-1-106. (3) "Director" means the director of the Division of Waste Management and Radiation Control. (4) "Division" means the Division of Waste Management and Radiation Control created in Subsection 19-1-105(1)(d). (5) "Nuclear fuel cycle" means activities related to nuclear energy production, including: (a) uranium enrichment; (b) fuel fabrication; (c) fuel reprocessing; (d) storage of nuclear material; and (e) waste management associated with nuclear fuel cycle activities. (6) "Nuclear Regulatory Commission" means the United States Nuclear Regulatory Commission established under the Energy Reorganization Act of 1974 to regulate civilian use of nuclear materials. (7) "Office" means the Nuclear Energy Regulatory Office created in Section 19-14-102.
Utah Code § 19-3-113 — Utah Code / Title 19 / Chapter 19-3 / § 19-3-113
§ 19-3-113. Federal-state agreement regarding radiation control.
Status: in_force

(1) The governor, on behalf of the state, may enter into agreements with the federal government providing for discontinuation of the federal government's responsibilities with respect to sources of ionizing radiation and the assumption thereof by the state, pursuant to Section 19-3-104. (2) Any person who, on the effective date of an agreement under Subsection (1), possesses a license issued by the federal government is considered to possess a federal license pursuant to a license issued by the department which shall expire either 90 days after receipt from the department of a notice of expiration of the license, or on the date of expiration specified in the federal license, whichever is earlier. (3) Subject to authorization by the United States Nuclear Regulatory Commission, the division may oversee, regulate, or license activities related to the nuclear fuel cycle within state jurisdiction, including: (a) fuel enrichment; (b) fuel fabrication; (c) fuel conversion; (d) fuel reprocessing; (e) storage of nuclear material; and (f) waste management associated with nuclear fuel cycle activities. (4) The provisions of this section apply to agreements related to nuclear energy regulation described in Title 19, Chapter 14, Nuclear Energy Regulation Act.
Utah Code § 19-3-204 — Utah Code / Title 19 / Chapter 19-3 / § 19-3-204
§ 19-3-204. Governor to designate state official to administer compact -- Designated officials comprise northwest low-level waste compact committee -- Meetings of committee -- Duties relating to existing regulations -- Authority to make arrangements with entities outside region of party states.
Status: in_force

(1) The governor of each party state shall designate one state official as the person responsible for administration of this compact. The officials so designated shall together comprise the northwest low-level waste compact committee. (2) The committee shall meet as required to consider matters arising under this compact. (3) The parties shall inform the committee of existing regulations concerning low-level waste management in their states and shall afford all parties a reasonable opportunity to review and comment upon any proposed modifications in the regulations. (4) Notwithstanding any provision of Section 19-3-203 to the contrary, the committee may enter into arrangements with states, provinces, individual generators, or regional compact entities outside the region comprised of the party states for access to facilities on terms and conditions the committee considers appropriate. However, a two-thirds vote of all members is required, including the affirmative vote of the member of any party state in which a facility affected by the arrangement is located, for the committee to enter into an arrangement.
Utah Code § 19-8-105 — Utah Code / Title 19 / Chapter 19-8 / § 19-8-105
§ 19-8-105. Eligibility and exceptions -- Grounds for application rejection by executive director.
Status: in_force

Subject to Section 19-8-106, any site is eligible for participation in the voluntary cleanup program created under this chapter except: (1) a treatment, storage, or disposal facility regulated under 42 U.S.C. 6901 et seq.; (2) that portion of a site that is on the national priorities list; or (3) that portion of a site for which a state or federal enforcement action is existing or pending against the applicant for remediation of the contaminants described in the application.
Utah Code § 19-6-113 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-113
§ 19-6-113. Violations -- Penalties -- Reimbursement for expenses.
Status: in_force

(1) As used in this section, "RCRA" means the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq. (2) Any person who violates any order, plan, rule, or other requirement issued or adopted under this part is subject in a civil proceeding to a penalty of not more than $13,000 per day for each day of violation. (3) On or after July 1, 1990, no person shall knowingly: (a) transport or cause to be transported any hazardous waste identified or listed under this part to a facility that does not have a hazardous waste operation plan or permit under this part or RCRA; (b) treat, store, or dispose of any hazardous waste identified or listed under this part: (i) without having obtained a hazardous waste operation plan or permit as required by this part or RCRA; (ii) in knowing violation of any material condition or requirement of a hazardous waste operation plan or permit; or (iii) in knowing violation of any material condition or requirement of any rules or regulations under this part or RCRA; (c) omit material information or make any false material statement or representation in any application, label, manifest, record, report, permit, operation plan, or other document filed, maintained, or used for purposes of compliance with this part or RCRA or any rules or regulations made under this part or RCRA; and (d) transport or cause to be transported without a manifest any hazardous waste identified or listed under this part and required by rules or regulations made under this part or RCRA to be accompanied by a manifest. (4) (a) (i) Any person who knowingly violates any provision of Subsection (3)(a) or (b) is guilty of a felony. (ii) Notwithstanding Sections 76-3-203, 76-3-301, and 76-3-302, a person convicted of a felony under Subsection (3)(a) or (b) is subject to a fine of not more than $50,000 for each day of violation, or imprisonment for a term not to exceed five years, or both. (iii) If a person is convicted of a second or subsequent violation under Subsection (3)(a) or (b), the maximum punishment is double both the fine and the term of imprisonment authorized in Subsection (4)(a)(ii). (b) (i) Any person who knowingly violates any of the provisions of Subsection (3)(c) or (d) is guilty of a felony. (ii) Notwithstanding Sections 76-3-203, 76-3-301, and 76-3-302, a person convicted of a felony for a violation of Subsection (3)(c) or (d) is subject to a fine of not more than $50,000 for each day of violation, or imprisonment for a term not to exceed two years, or both. (iii) If a person is convicted of a second or subsequent violation under Subsection (3)(c) or (d), the maximum punishment is double both the fine and the imprisonment authorized in Subsection (4)(b)(ii). (c) (i) Any person who knowingly transports, treats, stores, or disposes of any hazardous waste identified or listed under this part in violation of Subsection (3)(a), (b), (c), or (d), who knows at that time that the person thereby places another person in imminent danger of death or serious bodily injury, is guilty of a felony. (ii) Notwithstanding Sections 76-3-203, 76-3-301, and 76-3-302, a person convicted of a felony described in Subsection (4)(c)(i) is subject to a fine of not more than $250,000, or imprisonment for a term not to exceed 15 years, or both. (iii) A corporation, association, partnership, or governmental instrumentality, upon conviction of violating Subsection (4)(c)(i), is subject to a fine of not more than $1,000,000. (5) The attorney general, the county attorney, or the district attorney, as appropriate under Section 17-68-302 or 17-68-303, may commence prosecution for a criminal violation of this part in any county where venue is proper. (6) Except as provided in Subsections 19-1-303.5(2) and 19-6-722(3), and unless prohibited by federal law, the department shall deposit all money collected from a civil penalty or fine imposed under this section into the General Fund.
Utah Code § 19-6-1102 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-1102
§ 19-6-1102. 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) "Director" means the director of the Division of Waste Management and Radiation Control. (3) "Division" means the Division of Waste Management and Radiation Control created in Section 19-1-105. (4) (a) "Industrial byproduct" means an industrial residual, including: (i) inert construction debris; (ii) fly ash; (iii) bottom ash; (iv) slag; (v) flue gas emission control residuals generated primarily from the combustion of coal or other fossil fuel; (vi) residual from the extraction, beneficiation, and processing of an ore or mineral; (vii) cement kiln dust; or (viii) contaminated soil extracted as a result of a corrective action subject to an operation plan under Part 1, Solid and Hazardous Waste Act. (b) "Industrial byproduct" does not include material that: (i) causes a public nuisance or public health hazard; (ii) is a hazardous waste under Part 1, Solid and Hazardous Waste Act; or (iii) is coal mine waste, as that term is defined in 30 C.F.R. Sec. 701. (5) "Project" means a project to construct a: (a) highway or road; (b) curb; (c) gutter; (d) walkway; (e) parking facility; (f) public transportation facility; or (g) facility, infrastructure, or transportation improvement that benefits the public. (6) "Reuse" means to use an industrial byproduct as a product in place of a raw material.
Utah Code § 19-6-304 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-304
§ 19-6-304. Inspections.
Status: in_force

(1) Upon presentation of appropriate credentials and at any reasonable time, any authorized officer, employee, or representative of the department may: (a) enter and inspect any property, premises, or place where the officer, employee, or representative has reason to believe there is a hazardous materials or substances release; (b) copy any records relating to those hazardous materials or substances to determine compliance with this part and the rules made under authority of this part; and (c) inspect and take samples of any suspected hazardous material or substance. (2) If the department's representative takes samples of any suspected hazardous material or substance under authority of this section, the representative shall: (a) give a receipt describing the sample taken to the owner, operator, or agent who has control of the suspected hazardous material or substance; (b) if requested and if possible, give the owner, operator, or agent a split sample of the suspected hazardous material or substance equal in volume or weight to the portion the representative retains; and (c) if an analysis of any sample is made, upon request, promptly furnish a copy of the results of the analysis to the owner, operator, or agent.
Utah Code § 19-2-113 — Utah Code / Title 19 / Chapter 19-2 / § 19-2-113
§ 19-2-113. Variances -- Judicial review.
Status: in_force

(1) (a) A person who owns or is in control of a plant, building, structure, establishment, process, or equipment may apply to the board for a variance from its rules. (b) The board may grant the requested variance following an announced public meeting, if it finds, after considering the endangerment to human health and safety and other relevant factors, that compliance with the rules from which variance is sought would produce serious hardship without equal or greater benefits to the public. (2) A variance may not be granted under this section until the board has considered the relative interests of the applicant, other owners of property likely to be affected by the discharges, and the general public. (3) A variance or renewal of a variance shall be granted within the requirements of Subsection (1) and for time periods and under conditions consistent with the reasons for it, and within the following limitations: (a) if the variance is granted on the grounds that there are no practicable means known or available for the adequate prevention, abatement, or control of the air pollution involved, it shall be only until the necessary means for prevention, abatement, or control become known and available, and subject to the taking of any substitute or alternate measures that the board may prescribe; (b) (i) if the variance is granted on the grounds that compliance with the requirements from which variance is sought will require that measures, because of their extent or cost, must be spread over a long period of time, the variance shall be granted for a reasonable time that, in the view of the board, is required for implementation of the necessary measures; and (ii) a variance granted on this ground shall contain a timetable for the implementation of remedial measures in an expeditious manner and shall be conditioned on adherence to the timetable; or (c) if the variance is granted on the ground that it is necessary to relieve or prevent hardship of a kind other than that provided for in Subsection (3)(a) or (b), it may not be granted for more than one year. (4) (a) A variance granted under this section may be renewed on terms and conditions and for periods that would be appropriate for initially granting a variance. (b) If a complaint is made to the board because of the variance, a renewal may not be granted unless, following an announced public meeting, the board finds that renewal is justified. (c) To receive a renewal, an applicant shall submit a request for agency action to the board requesting a renewal. (d) Immediately upon receipt of an application for renewal, the board shall give public notice of the application as required by its rules. (5) (a) A variance or renewal is not a right of the applicant or holder but may be granted at the board's discretion. (b) A person aggrieved by the board's decision may obtain judicial review. (c) Venue for judicial review of informal adjudicative proceedings is in the district court in which the air pollutant source is situated. (6) (a) The board may review a variance during the term for which it was granted. (b) The review procedure is the same as that for an original application. (c) The variance may be revoked upon a finding that: (i) the nature or amount of emission has changed or increased; or (ii) if facts existing at the date of the review had existed at the time of the original application, the variance would not have been granted. (7) Nothing in this section and no variance or renewal granted pursuant to it shall be construed to prevent or limit the application of the emergency provisions and procedures of Section 19-2-112 to a person or property.
Utah Code § 19-6-823 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-823
§ 19-6-823. Exception.
Status: in_force

The provisions of this part do not apply to waste tires from any device moved exclusively by human power.
Utah Code § 19-1-103 — Utah Code / Title 19 / Chapter 19-1 / § 19-1-103
§ 19-1-103. Definitions.
Status: in_force

As used in this title: (1) "Department" means the Department of Environmental Quality. (2) "Executive director" means the executive director of the department appointed pursuant to Section 19-1-104. (3) "Local health department" means a local health department as defined in Title 26A, Chapter 1, Part 1, Local Health Department Act. (4) "Person" means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state.
Utah Code § 19-6-716 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-716
§ 19-6-716. Fee collection by commission -- Administrative charge.
Status: in_force

(1) The commission shall administer, collect, and enforce the fee authorized under Section 19-6-714 pursuant to the same procedures used in the administration, collection, and enforcement of the sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act, and Title 59, Chapter 1, General Taxation Policies. (2) The commission shall retain and deposit an administrative charge in accordance with Section 59-1-306 from the revenues the commission collects from a fee under Section 19-6-714.
Utah Code § 19-3-302 — Utah Code / Title 19 / Chapter 19-3 / § 19-3-302
§ 19-3-302. Legislative assertions and findings.
Status: in_force

(1) (a) The state: (i) asserts a right and interest to prevent the placement of any high-level nuclear waste or greater than class C radioactive waste in Utah; and (ii) recognizes that high-level nuclear waste or greater than class C radioactive waste may be placed within the exterior boundaries of the state, pursuant to a license from the federal government, or by the federal government itself, in violation of this state law. (b) Due to this possibility, the state also asserts an interest in regulating transportation, transfer, storage, decay in storage, treatment, and disposal of any high-level nuclear waste and greater than class C radioactive waste in Utah, thereby asserting and protecting the state's interests in environmental and economic resources consistent with 42 U.S.C.A. Sec. 2011 et seq., Atomic Energy Act and 42 U.S.C.A. Sec. 10101 et seq., Nuclear Waste Policy Act, should the federal government decide to authorize any entity to operate, or operate itself, in violation of this state law. (2) The state finds that the Atomic Energy Act nor the Nuclear Waste Policy Act provides for siting a large privately owned high-level nuclear waste transfer, storage, decay in storage, or treatment facility away from the vicinity of the reactors. The Atomic Energy Act and the Nuclear Waste Policy Act specifically define authorized storage and disposal programs and activities. The state in enacting this part is not preempted by federal law, since any proposed facilities that would be sited in Utah are not contemplated or authorized by federal law and, in any circumstance, this part is not contrary to or inconsistent with federal law or congressional intent. (3) The state has environmental and economic interests which do not involve nuclear safety regulation, and which shall be considered and complied with in siting a high-level nuclear waste or greater than class C radioactive waste transfer, storage, decay in storage, treatment, or disposal facility and in transporting these wastes in the state. (4) The state also asserts an interest in protecting the state from nonradiological hazards associated with any waste transportation, transfer, storage, decay in storage, treatment, or disposal. (5) The state recognizes the sovereign rights of Indian tribes within the state. However, any proposed transfer, storage, decay in storage, treatment, or disposal facility located on a reservation which directly affects and impacts state interests by creating off-reservation effects such as potential or actual degradation of soils and groundwater, potential or actual contamination of surface water, pollution of the ambient air, emergency planning costs, impacts on development, agriculture, and ranching, and increased transportation activity, is subject to state jurisdiction. (6) There is no tradition of regulation by the Indian tribes in Utah of high-level nuclear waste or higher than class C radioactive waste. The state does have a long history of regulation of radioactive sources and natural resources and in the transfer, storage, treatment, and transportation of materials and wastes throughout the state. The state finds that its interests are even greater when nonmembers of an Indian tribe propose to locate a facility on tribal trust lands primarily to avoid state regulation and state authorities under federal law. (7) (a) This part does not modify existing state requirements for obtaining environmental approvals, permits, and licenses, including surface and groundwater permits and air quality permits, when the permits are necessary under state and federal law to construct and operate a high-level nuclear waste or greater than class C radioactive waste transfer, storage, decay in storage, treatment, or disposal facility. (b) Any source of air pollution proposed to be located within the state, including sources located within the boundaries of an Indian reservation, which will potentially or actually have a direct and significant impact on ambient air within the state, is required to obtain an approval order and permit from the state under Section 19-2-108. (c) Any facility which will potentially or actually have a significant impact on the state's surface or groundwater resources is required to obtain a permit under Section 19-5-107 even if located within the boundaries of an Indian reservation. (8) The state finds that the transportation, transfer, storage, decay in storage, treatment, and disposal of high-level nuclear waste and greater than class C radioactive waste within the state is an ultra-hazardous activity which carries with it the risk that any release of waste may result in enormous economic and human injury.