reglab/housing_qa huggingface dataset:
UT Code § 19-8-116 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 8 - Voluntary Cleanup Program|Section 116 - Reservation of applicant's and department's causes of action.

19-8-116. Reservation of applicant's and department's causes of action.    (1) This chapter does not release, discharge, or in any way affect any claims, causes of action, or demands in law or equity the applicant or the department may have against any person not a party to the agreement, for any liability it may have arising out of or relating in any way to the generation, storage, treatment, handling, transportation, release, or disposal of any contaminants, including transportation to or from the site covered by the agreement.     (2) Subject to Section 19-8-119, this chapter does not affect the applicant's right to seek contribution, indemnity, or any other available remedy against any party other than the department who is responsible or liable for contribution, indemnity, or otherwise for any amounts which have been or will be expended by the applicant in connection with the site.    Amended by Chapter 200, 2005 General Session
UT Code § 19-8-117 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 8 - Voluntary Cleanup Program|Section 117 - Program report and budget allocations -- Fee schedule.

19-8-117. Program report and budget allocations -- Fee schedule.    (1)   (a) For applications submitted on or after May 5, 1997 through June 30, 1998, the application fee under this chapter is $2,000.     (b) Regarding applications submitted on and after July 1, 1998, the executive director shall annually calculate the costs to administer the voluntary cleanup program under this chapter and shall establish the fees for the program under Section 63J-1-504.       (2) All fees under Subsection (1) shall be deposited in the account created under Section 19-8-103.    Amended by Chapter 183, 2009 General Session
UT Code § 19-8-118 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 8 - Voluntary Cleanup Program|Section 118 - Cleanups conducted prior to May 5, 1997.

19-8-118. Cleanups conducted prior to May 5, 1997.    (1) A person who has completed a response action prior to May 5, 1997, at a site that would have been eligible for participation in the program under this chapter, may submit an application to the executive director under Section 19-8-107 for a certificate of completion under Section 19-8-111.     (2) The application shall include information required by department rules concerning the property addressed by the application and the response action conducted at the site.     (3) The executive director and applicant shall identify in the voluntary agreement any necessary studies to be conducted by the applicant to demonstrate the cleanup has been completed as provided in Section 19-8-110.     (4) Applications submitted under this section are subject to Sections 19-8-110 through 19-8-113 to the extent those sections are applicable.    Enacted by Chapter 247, 1997 General Session
UT Code § 19-8-119 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 8 - Voluntary Cleanup Program|Section 119 - Apportionment or contribution.

 Effective 5/5/2021  19-8-119. Apportionment or contribution.    (1) Any party who incurs costs under a voluntary agreement entered into under this part in excess of the party's liability may seek contribution in an action in district court from any other party who is or may be liable under Subsection 19-6-302(21) or 19-6-402(27) for the excess costs after providing written notice to any other party that the party bringing the action has entered into a voluntary agreement and will incur costs.     (2) In resolving claims made under Subsection (1), the court shall allocate costs using the standards in Subsection 19-6-310(2).    Amended by Chapter 202, 2021 General Session
UT Code § 19-8-120 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 8 - Voluntary Cleanup Program|Section 120 - Creation of Brownfields Fund -- Purposes -- Loan and grant eligibility -- Loan restrictions -- Rulemaking.

19-8-120. Creation of Brownfields Fund -- Purposes -- Loan and grant eligibility -- Loan restrictions -- Rulemaking.    (1) As used in this section, "brownfield" has the same meaning as in 42 U.S.C. Sec. 9601(39).     (2) There is created an enterprise fund known as the Brownfields Fund.     (3) The fund is created to enable the state to use federal funding as available to provide capital for a revolving loan fund and to provide funds for grants to carry out cleanup activities at brownfield sites.     (4) The sources of fund money are:   (a) federal grant money;     (b) principal and interest received from the repayment of loans made under this section; and     (c) all investment income derived from fund money.       (5) The executive director may make loans and grants in accordance with this section from the fund to applicants who meet the criteria under the terms of the federal grant money in the fund.     (6) The executive director shall consider loan and grant applications under Subsection (5) to determine whether the application meets the objectives established by the federal grant.     (7) Loans made under this section shall:   (a) be for no greater amount than allowed by the federal grant;     (b) have a fixed annual interest rate as allowed by the federal grant;     (c) have a term as allowed by the federal grant;     (d) be made on the condition the loan applicant obtains adequate security for the loan as established by administrative rules made under Subsection (9); and     (e) comply with administrative rules made under Subsection (9).       (8) Grants made under this section shall:   (a) be for no greater amount than allowed by the federal grant; and     (b) comply with administrative rules made under Subsection (9).       (9) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the executive director shall make rules establishing:   (a) form, content, and procedure for loan and grant applications;     (b) criteria and procedures for prioritizing loan and grant applications;     (c) requirements and procedures for securing loans and grants;     (d) procedures for making the loans;     (e) procedures for administering and ensuring repayment of loans, including late payment penalties; and     (f) procedures for recovering on defaulted loans.       (10) The decisions of the executive director in loaning money from the fund, making grants, and otherwise administering the fund are not subject to Title 63G, Chapter 4, Administrative Procedures Act.     (11) Funding for the cost of administration of the fund shall be consistent with the terms of the federal grant.     (12) The executive director may enter into agreements with public entities or private funding organizations to perform any task associated with administration of the fund.    Amended by Chapter 382, 2008 General Session
UT Code § 19-10-101 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 10 - Environmental Institutional Control Act|Section 101 - Title -- Scope.

19-10-101. Title -- Scope.    (1) This chapter is known as the "Environmental Institutional Control Act."     (2)   (a) This chapter applies to an environmental institutional control created before May 1, 2006.     (b)Title 57, Chapter 25, Uniform Environmental Covenants Act, governs an environmental covenant created on or after May 1, 2006.      Amended by Chapter 51, 2006 General Session
UT Code § 19-10-102 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 10 - Environmental Institutional Control Act|Section 102 - Definitions.

19-10-102. Definitions.  As used in this chapter:  (1) "Environmental institutional control" or "institutional control" means, with respect to real property, any deed restriction, restrictive covenant, easement, reservation, environmental notice, engineering control, or other restriction or obligation that is designed to protect human health or the environment and:   (a) is established in connection with a cleanup or risk assessment that is reviewed, overseen, conducted, or administered by the department; and     (b)   (i) limits the use of the real property, groundwater, or surface water;     (ii) limits activities that may be performed on or at the property; or     (iii) requires maintenance of any engineering or other control.         (2) "Executive director" means the executive director of the state Department of Environment Quality or the executive director's designated representative.    Enacted by Chapter 44, 2003 General Session
UT Code § 19-10-103 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 10 - Environmental Institutional Control Act|Section 103 - Establishment of environmental institutional controls.

19-10-103. Establishment of environmental institutional controls.  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.  Enacted by Chapter 44, 2003 General Session
UT Code § 19-10-104 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 10 - Environmental Institutional Control Act|Section 104 - Requirements for creation of institutional control.

19-10-104. Requirements for creation of institutional control.  An environmental institutional control shall:  (1) be in writing and shall be recorded by the owner of the real property in the county recorder's office in the county where the real property is located;     (2) contain a legal description of the area of the real property that is subject to the institutional control;     (3) include a statement documenting any requirements for maintenance of the institutional control, including a description of the institutional control and the reason it must remain in place to protect the public health, safety, or welfare, or the environment;     (4) include a statement that the institutional control runs with the land and is binding on all successors in interest unless or until the institutional control is removed as provided in Section 19-10-105;     (5) include a statement acknowledging the department's right of access to the property at all reasonable times to verify that the institutional controls are being maintained;     (6) include a statement explaining how the institutional control can be modified or terminated and stating that if any person desires to cancel or modify the institutional control in the future, the person shall obtain prior written approval from the executive director pursuant to this chapter;     (7) include a notarized signature of the executive director indicating approval of the environmental institutional control; and     (8) include the notarized signature of the property owner indicating approval of the environmental institutional control.    Amended by Chapter 297, 2011 General Session
UT Code § 19-10-105 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 10 - Environmental Institutional Control Act|Section 105 - Termination of institutional control.

19-10-105. Termination of institutional control.    (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.      Enacted by Chapter 44, 2003 General Session
UT Code § 19-10-106 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 10 - Environmental Institutional Control Act|Section 106 - Enforcement and inspection regarding institutional controls.

19-10-106. Enforcement and inspection regarding institutional controls.    (1) An environmental institutional control may be enforced or protected by a temporary restraining order or an injunction obtained in a court of competent jurisdiction by the department or other affected parties.     (2) In addition to injunctive relief, the department is entitled to recover costs for actions which, in its discretion, it may take in enforcing and protecting the institutional controls.     (3) The department may enter the property at reasonable times to ensure compliance with the environmental institutional controls.    Enacted by Chapter 44, 2003 General Session
UT Code § 19-10-107 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 10 - Environmental Institutional Control Act|Section 107 - Records regarding institutional controls.

19-10-107. Records regarding institutional controls.  The department shall maintain a record of the properties subject to environmental institutional controls established under this chapter. The department may archive the records.  Enacted by Chapter 44, 2003 General Session
UT Code § 19-10-108 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 10 - Environmental Institutional Control Act|Section 108 - Appeals of institutional control decisions.

19-10-108. Appeals of institutional control decisions.  Any determination by the executive director under this chapter may be appealed as provided in Title 63G, Chapter 4, Administrative Procedures Act.  Amended by Chapter 382, 2008 General Session
UT Code § 19-13-101 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 13 - Recycling Market Development Zone Act|Section 101 - Title.

 Effective 7/1/2020  19-13-101. Title.  This part is known as the "Recycling Market Development Zone Act." Renumbered and Amended by Chapter 360, 2020 General Session
UT Code § 19-13-102 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 13 - Recycling Market Development Zone Act|Section 102 - Definitions.

 Effective 7/1/2020  19-13-102. Definitions.  As used in this part:  (1) "Composting" means the controlled decay of landscape waste or sewage sludge and organic industrial waste, or a mixture of these, by the action of bacteria, fungi, molds, and other organisms.     (2) "Postconsumer waste material" means any product generated by a business or consumer that has served its intended end use, and that has been separated from solid waste for the purposes of collection, recycling, and disposition and that does not include secondary waste material.     (3)   (a) "Recovered materials" means waste materials and by-products that have been recovered or diverted from solid waste.     (b) "Recovered materials" does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.       (4)   (a) "Recycling" means the diversion of materials from the solid waste stream and the beneficial use of the materials and includes a series of activities by which materials that would become or otherwise remain waste are diverted from the waste stream for collection, separation, and processing, and are used as raw materials or feedstocks in lieu of or in addition to virgin materials in the manufacture of goods sold or distributed in commerce or the reuse of the materials as substitutes for goods made from virgin materials.     (b) "Recycling" does not include burning municipal solid waste for energy recovery.       (5) "Recycling market development zone" or "zone" means an area designated by the office as meeting the requirements of this part.     (6)   (a) "Secondary waste material" means industrial by-products that go to disposal facilities and waste generated after completion of a manufacturing process.     (b) "Secondary waste material" does not include internally generated scrap commonly returned to industrial or manufacturing processes, such as home scrap and mill broke.       (7) "Tax incentive" means a nonrefundable tax credit available under Section 59-7-610 or 59-10-1007.    Renumbered and Amended by Chapter 360, 2020 General Session
UT Code § 19-13-103 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 13 - Recycling Market Development Zone Act|Section 103 - Duties of the department.

 Effective 7/1/2020  19-13-103. Duties of the department.  The department shall:  (1) facilitate recycling development zones through state support of county incentives that encourage development of manufacturing enterprises that use recycling materials currently collected;     (2) evaluate an application from a county or municipality executive authority to be designated as a recycling market development zone and determine if the county or municipality qualifies for that designation;     (3) provide technical assistance to municipalities and counties in developing applications for designation as a recycling market development zone;     (4) assist counties and municipalities designated as recycling market development zones in obtaining assistance from the federal government and agencies of the state;     (5) assist a qualified business in obtaining the benefits of an incentive or inducement program authorized by this part; and     (6) monitor the implementation and operation of this part and conduct a continuing evaluation of the progress made in the recycling market development zone.    Renumbered and Amended by Chapter 360, 2020 General Session
UT Code § 19-13-104 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 13 - Recycling Market Development Zone Act|Section 104 - Criteria for recycling market development zone -- Application process and fees.

 Effective 7/1/2020  19-13-104. Criteria for recycling market development zone -- Application process and fees.    (1) An area may be designated as a recycling market development zone only if:   (a) the county or municipality agrees to make a qualifying local contribution under Section 19-13-105; and     (b) the county or municipality provides for postconsumer waste collection for recycling within the county or municipality.       (2) The executive authority of any municipality or county desiring to be designated as a recycling market development zone shall:   (a) obtain the written approval of the municipality or county's legislative body; and     (b) file an application with the department demonstrating the county or municipality meets the requirements of this part.       (3) The application shall be in a form prescribed by the department, and shall include:   (a) a plan developed by the county or municipality that identifies local contributions meeting the requirements of Section 19-13-105;     (b) a county or municipality development plan that outlines:   (i) the specific investment or development reasonably expected to take place;     (ii) any commitments obtained from businesses to participate, and in what capacities regarding recycling markets;     (iii) the county's or municipality's economic development plan and demonstration of coordination between the zone and the county or municipality in overall development goals;     (iv) zoning requirements demonstrating that sufficient portions of the proposed zone area are zoned as appropriate for the development of commercial, industrial, or manufacturing businesses;     (v) the county's or municipality's long-term waste management plan and evidence that the zone will be adequately served by the plan; and     (vi) the county or municipality postconsumer waste collection infrastructure;       (c) the county's or municipality's proposed means of assessing the effectiveness of the development plan or other programs implemented within the zone;     (d) state whether within the zone either of the following will be established:   (i) commercial manufacturing or industrial processes that will produce end products that consist of not less than 50% recovered materials, of which not less than 25% is postconsumer waste material; or     (ii) commercial composting;       (e) any additional information required by the department; and     (f) any additional information the county or municipality considers relevant to its designation as a recycling market development zone.       (4) A county or municipality applying for designation as a recycling market development zone shall pay to the department an application fee determined under Section 63J-1-504.    Renumbered and Amended by Chapter 360, 2020 General Session
UT Code § 19-13-105 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 13 - Recycling Market Development Zone Act|Section 105 - Qualifying local contributions.

 Effective 7/1/2020  19-13-105. Qualifying local contributions.  Qualifying local contributions to the recycling market development zone may vary depending on available resources, and may include:  (1) simplified procedures for obtaining permits;     (2) dedication of available government grants;     (3) waiver of business license or permit fees;     (4) infrastructure improvements;     (5) private contributions;     (6) utility rate concessions;     (7) suspension or relaxation of locally originated zoning laws or general plans; and     (8) other proposed local contributions as the department finds promote the purposes of this part.    Renumbered and Amended by Chapter 360, 2020 General Session
UT Code § 19-13-106 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 13 - Recycling Market Development Zone Act|Section 106 - Eligibility review.

 Effective 7/1/2020  19-13-106. Eligibility review.    (1) The department shall:   (a) review and evaluate an application submitted under Section 19-13-104; and     (b) determine whether the municipality or county is eligible for designation as a recycling market development zone.       (2) In designating recycling market development zones, the department shall consider:   (a) whether the current waste management practices and conditions of the county or municipality are favorable to the development of postconsumer waste material markets;     (b) whether the creation of the zone is necessary to assist in attracting private sector recycling investments to the area; and     (c) the amount of available landfill capacity to serve the zone.      Renumbered and Amended by Chapter 360, 2020 General Session
UT Code § 19-13-107 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 13 - Recycling Market Development Zone Act|Section 107 - Quarterly consideration.

 Effective 7/1/2020  19-13-107. Quarterly consideration.  The department shall take action quarterly on any application requesting designation as a recycling market development zone. Renumbered and Amended by Chapter 360, 2020 General Session
UT Code § 19-13-108 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 13 - Recycling Market Development Zone Act|Section 108 - Duration of designation.

 Effective 7/1/2020  19-13-108. Duration of designation.  A recycling market development zone designation ends five years from the date the department designates the area as a recycling market development zone, at the end of which the county or municipality may reapply for the designation. Renumbered and Amended by Chapter 360, 2020 General Session