reglab/housing_qa huggingface dataset:
UT Code § 19-3-308 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 3 - Radiation Control Act|Part 3 - Placement of High Level Nuclear Waste|Section 308 - Application fee and annual fees.

19-3-308. Application fee and annual fees.    (1)   (a) Any application for a waste transfer, storage, decay in storage, treatment, or disposal facility shall be accompanied by an initial fee of $5,000,000.     (b) The applicant shall subsequently pay an additional fee to cover the costs to the state associated with review of the application, including costs to the state and the state's contractors for permitting, technical, administrative, legal, safety, and emergency response reviews, planning, training, infrastructure, and other impact analyses, studies, and services required to evaluate a proposed facility.       (2) For the purpose of funding the state oversight and inspection of any waste transfer, storage, decay in storage, treatment, or disposal facility, and to establish state infrastructure, including providing for state Department of Environmental Quality, state Department of Transportation, state Department of Public Safety, and other state agencies' technical, administrative, legal, infrastructure, maintenance, training, safety, socio-economic, law enforcement, and emergency resources necessary to respond to these facilities, the owner or operator shall pay to the state a fee as established by department rule under Section 63J-1-504, to be assessed:   (a) per ton of storage cask and high-level nuclear waste per year for storage, decay in storage, treatment, or disposal of high-level nuclear waste;     (b) per ton of transportation cask and high-level nuclear waste for each transfer of high-level nuclear waste;     (c) per ton of storage cask and greater than class C radioactive waste for the storage, decay in storage, treatment, or disposal of greater than class C radioactive waste; and     (d) per ton of transportation cask and greater than class C radioactive waste for each transfer of greater than class C radioactive waste.       (3) Funds collected under Subsection (2) shall be placed in the Nuclear Accident and Hazard Compensation Account, created in Subsection 19-3-309(3).     (4) The owner or operator of the facility shall pay the fees imposed under this section to the department on or before the 15th day of the month following the month in which the fee accrued.     (5) Annual fees due under this part accrue on July 1 of each year and shall be paid to the department by July 15 of that year.    Amended by Chapter 297, 2011 General Session
UT Code § 19-3-309 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 3 - Radiation Control Act|Part 3 - Placement of High Level Nuclear Waste|Section 309 - Restricted accounts.

19-3-309. Restricted accounts.    (1) There is created within the General Fund a restricted account known as the "Nuclear Waste Facility Oversight Account" and referred to in this section as the "oversight account".     (2)   (a) The oversight account shall be funded from the fees imposed and collected under Subsections 19-3-308(1)(a) and (b).     (b) The department shall deposit in the oversight account all fees collected under Subsections 19-3-308(1)(a) and (b).     (c) The Legislature may appropriate the funds in this oversight account to departments of state government as necessary for those departments to carry out their duties to implement this part.     (d) The department shall account separately for money paid into the oversight account for each separate application made pursuant to Section 19-3-304.       (3)   (a) There is created within the General Fund a restricted account known as the "Nuclear Accident and Hazard Compensation Account," to be referred to as the "compensation account" within this part.     (b) The compensation account shall be funded from the fees assessed and collected under this part, except for Subsections 19-3-308(1)(a) and (b).     (c) The department shall deposit in the compensation account all fees collected under this part, except for those fees under Subsections 19-3-308(1)(a) and (b).     (d) The compensation account shall earn interest, which shall be deposited in the account.     (e) The Legislature may appropriate the funds in the compensation account to the departments of state government as necessary for those departments to comply with the requirements of this part.       (4) On the date when a state license is issued in accordance with Subsection 19-3-301(4)(a), the Division of Finance shall transfer all fees remaining in the oversight account attributable to that license into the compensation account.    Amended by Chapter 107, 2001 General Session
UT Code § 19-3-310 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 3 - Radiation Control Act|Part 3 - Placement of High Level Nuclear Waste|Section 310 - Benefits agreement.

19-3-310. Benefits agreement.    (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.    Enacted by Chapter 348, 1998 General Session
UT Code § 19-3-311 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 3 - Radiation Control Act|Part 3 - Placement of High Level Nuclear Waste|Section 311 - Length of license.

19-3-311. Length of license.    (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.    Enacted by Chapter 348, 1998 General Session
UT Code § 19-3-312 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 3 - Radiation Control Act|Part 3 - Placement of High Level Nuclear Waste|Section 312 - Enforcement -- Penalties.

19-3-312. Enforcement -- Penalties.    (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.      Amended by Chapter 107, 2001 General Session
UT Code § 19-3-313 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 3 - Radiation Control Act|Part 3 - Placement of High Level Nuclear Waste|Section 313 - Reciprocity.

19-3-313. Reciprocity.  Waste may not be transported into and transferred, stored, decayed in storage, treated, or disposed of in the state if the state of origin of the waste or the state in which the waste was generated prohibits or limits similar actions within its own boundaries.  Enacted by Chapter 348, 1998 General Session
UT Code § 19-3-314 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 3 - Radiation Control Act|Part 3 - Placement of High Level Nuclear Waste|Section 314 - Local jurisdiction.

19-3-314. Local jurisdiction.  This part does not preclude any political subdivision of the state from establishing additional requirements under applicable state and federal law.  Enacted by Chapter 348, 1998 General Session
UT Code § 19-3-315 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 3 - Radiation Control Act|Part 3 - Placement of High Level Nuclear Waste|Section 315 - Transportation requirements.

19-3-315. Transportation requirements.    (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.      Amended by Chapter 183, 2009 General Session
UT Code § 19-3-316 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 3 - Radiation Control Act|Part 3 - Placement of High Level Nuclear Waste|Section 316 - Cost recovery.

19-3-316. Cost recovery.  The owner or transporter or any person in possession of waste is liable, consistent with the provisions of federal law, for any expense, damages, or injury incurred by the state, its political subdivisions, or any person as a result of a release of the waste.  Enacted by Chapter 348, 1998 General Session
UT Code § 19-3-317 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 3 - Radiation Control Act|Part 3 - Placement of High Level Nuclear Waste|Section 317 - Severability.

19-3-317. Severability.  If any provision of this part is held to be invalid, unconstitutional, or otherwise held to be inconsistent with law, the remainder of this part is not affected and remains in full force.  Enacted by Chapter 348, 1998 General Session
UT Code § 19-3-320 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 3 - Radiation Control Act|Part 3 - Placement of High Level Nuclear Waste|Section 320 - Efforts to prevent siting of any nuclear waste facility to include economic development study regarding Native American reservation lands within the state.

 Effective 5/5/2021  19-3-320. Efforts to prevent siting of any nuclear waste facility to include economic development study regarding Native American reservation lands within the state.    (1) It is the intent of the Legislature that the department, in its efforts to prevent the siting of a nuclear waste facility within the exterior borders of the state, include in its work the study under Subsection (2) and the report under Subsection (3).     (2) It is the intent of the Legislature that the Department of Environmental Quality, in coordination with the office of the governor, and in cooperation with the Departments of Cultural and Community Engagement, Human Services, Health, Workforce Services, Agriculture and Food, Natural Resources, and Transportation, the State Board of Education, and the Utah Board of Higher Education:   (a) study the needs and requirements for economic development on the Native American reservations within the state; and     (b) prepare, on or before November 30, 2001, a long-term strategic plan for economic development on the reservations.       (3) It is the intent of the Legislature that this plan, prepared under Subsection (2)(b), shall be distributed to the governor and the members of the Legislature on or before December 31, 2001.    Amended by Chapter 184, 2021 General Session
UT Code § 19-6-101 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 1 - Solid and Hazardous Waste Act|Section 101 - Short title.

 Affected by 63I-1-219 on 7/1/2029 19-6-101. Short title.  This part is known as the "Solid and Hazardous Waste Act."  Renumbered and Amended by Chapter 112, 1991 General Session
UT Code § 19-6-102.1 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 1 - Solid and Hazardous Waste Act|Section 102.1 - Treatment or disposal -- Exclusions.

 Affected by 63I-1-219 on 7/1/2029  Effective 5/12/2020  19-6-102.1. Treatment or disposal -- Exclusions.  As used in Subsections 19-6-108(3)(b), 19-6-108(3)(c)(ii)(B), and 19-6-119(1)(a), the term "treatment or disposal" specifically excludes the recycling, use, reuse, or reprocessing of:   (1) fly ash waste, bottom ash waste, slag waste, or flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels;     (2) waste from the extraction, beneficiation, and processing of ores and minerals; or     (3) cement kiln dust, including recycle, reuse, use, or reprocessing for road sanding, sand blasting, road construction, railway ballast, construction fill, aggregate, and other construction-related purposes.    Amended by Chapter 256, 2020 General SessionAmended by Chapter 354, 2020 General Session
UT Code § 19-6-106 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 1 - Solid and Hazardous Waste Act|Section 106 - Rulemaking authority and procedure.

 Affected by 63I-1-219 on 7/1/2029 19-6-106. Rulemaking authority and procedure.    (1) Except as provided in Subsection (2), no rule which the board makes for the purpose of the state administering a program under the federal Resource Conservation and Recovery Act and, to the extent the board may have jurisdiction, under the federal Comprehensive Environmental Response, Compensation and Liability Act, or the federal Emergency Planning and Community Right to Know Act of 1986, may be more stringent than the corresponding federal regulations which address the same circumstances. In making the rules, the board may incorporate by reference corresponding federal regulations.     (2) The board may make rules more stringent than corresponding federal regulations for the purposes described in Subsection (1), only if it makes a written finding after public comment and hearing and based on evidence in the record that corresponding federal regulations are not adequate to protect public health and the environment of the state. Those findings shall be accompanied by an opinion referring to and evaluating the public health and environmental information and studies contained in the record which form the basis for the conclusion.    Renumbered and Amended by Chapter 112, 1991 General Session
UT Code § 19-6-107 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 1 - Solid and Hazardous Waste Act|Section 107 - Director -- Appointment -- Powers.

 Affected by 63I-1-219 on 7/1/2029  Effective 5/12/2020  19-6-107. Director -- Appointment -- Powers.    (1) The executive director shall appoint the director. The director shall serve under the administrative direction of the executive director.     (2) The director shall:   (a) issue an order necessary to enforce this part;     (b) enforce an order by appropriate administrative and judicial proceedings;     (c) institute judicial proceedings to secure compliance with this part;     (d) carry out inspections pursuant to Section 19-6-109;     (e) require submittal of specifications or other information relating to hazardous waste plans for review, and approve, disapprove, revoke, or review the plans;     (f) develop programs for solid waste and hazardous waste management and control within the state;     (g) advise, consult, and cooperate with another agency of the state, the federal government, another state, an interstate agency, an affected group, an affected political subdivision, an affected industry, or other affected person in furtherance of the purposes of this part;     (h) subject to the provisions of this part, enforce rules made or revised by the board through the issuance of orders;     (i) review plans, specifications or other data relative to solid waste and hazardous waste control systems or any part of the systems as provided in this part;     (j) under the direction of the executive director, represent the state in matters pertaining to interstate solid waste and hazardous waste management and control including, under the direction of the board, entering into interstate compacts and other similar agreements; and     (k) as authorized by the board and subject to the provisions of this part, act as executive secretary of the board under the direction of the chair of the board.       (3) The director may:   (a) subject to Subsection 19-6-104(1)(e), settle or compromise any administrative or civil action initiated to compel compliance with this part and any rules adopted under this part;     (b) employ full-time employees necessary to carry out this part;     (c) authorize any employee or representative of the department to conduct inspections as permitted in this part;     (d) encourage, participate in, or conduct studies, investigations, research, and demonstrations relating to solid waste and hazardous waste management and control necessary for the discharge of duties assigned under this part;     (e) collect and disseminate information relating to solid waste and hazardous waste management control; and     (f) cooperate with any person in studies and research regarding solid waste and hazardous waste management and control.      Amended by Chapter 256, 2020 General Session
UT Code § 19-6-108.3 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 1 - Solid and Hazardous Waste Act|Section 108.3 - Director to issue written assurances, make determinations, and partition operation plans -- Board to make rules.

 Affected by 63I-1-219 on 7/1/2029 19-6-108.3. Director to issue written assurances, make determinations, and partition operation plans -- Board to make rules.    (1) Based upon risk to human health or the environment from potential exposure to hazardous waste, the director may:   (a) even if corrective action is incomplete, issue an enforceable written assurance to a person acquiring an interest in real property covered by an operation plan that the person to whom the assurance is issued:   (i) is not a permittee under the operation plan; and     (ii) will not be subject to an enforcement action under this part for contamination that exists or for violations under this part that occurred before the person acquired the interest in the real property covered by the operation plan;       (b) determine that corrective action to the real property covered by the operation plan is:   (i) complete;     (ii) incomplete;     (iii) unnecessary with an environmental covenant; or     (iv) unnecessary without an environmental covenant; and       (c) partition from an operation plan a portion of real property subject to the operation plan after determining that corrective action for that portion of real property is:   (i) complete;     (ii) unnecessary with an environmental covenant; or     (iii) unnecessary without an environmental covenant.         (2) If the director determines that an environmental covenant is necessary under Subsection (1)(b) or (c), the director shall require that the real property be subject to an environmental covenant according to Title 57, Chapter 25, Uniform Environmental Covenants Act.     (3) An assurance issued under Subsection (1) protects the person to whom the assurance is issued from any cost recovery and contribution action under state law.     (4) By following the procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board may adopt rules to administer this section.    Amended by Chapter 360, 2012 General Session
UT Code § 19-6-108.5 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 1 - Solid and Hazardous Waste Act|Section 108.5 - Management of hazardous waste generated outside Utah.

 Affected by 63I-1-219 on 7/1/2029  Effective 5/9/2017  19-6-108.5. Management of hazardous waste generated outside Utah.  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. Amended by Chapter 232, 2017 General SessionAmended by Chapter 281, 2017 General Session