reglab/housing_qa huggingface dataset:
UT Code § 19-6-111 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 1 - Solid and Hazardous Waste Act|Section 111 - Variances -- Requirements for application -- Procedure.

 Affected by 63I-1-219 on 7/1/2029 19-6-111. Variances -- Requirements for application -- Procedure.    (1)   (a) If the board determines that the application of, or compliance with, any requirements of this part would cause undue or unreasonable hardship to any person, it may issue a variance from any of those requirements.     (b) No variance may be granted except upon application for it.     (c) Immediately upon receipt of an application for a variance, the board shall give public notice of the application and provide an opportunity for a public hearing.     (d) A variance granted for more than one year shall contain a timetable for coming into compliance with this part and shall be conditioned on adherence to that timetable.       (2)   (a) Any variance granted under this section may be renewed on terms and conditions and for periods which would be appropriate for the initial granting of a variance.     (b) No renewal may be granted except on application for it.     (c) Immediately upon receipt of an application for renewal, the board shall give public notice of the application and provide an opportunity for a public hearing.       (3)   (a) The board may review any variance during the term for which it was granted.     (b) The procedure for review is the same as that for an original application and the variance previously granted may be revoked upon a finding that the conditions and the terms upon which the variance was granted are not being met.       (4)   (a) Any variance or renewal exists at the discretion of the board and is not a right of the applicant or holder.     (b) However, any person adversely affected by the granting, denying, or revoking of any variance or renewal by the board may obtain judicial review of the board's decision by filing a petition in district court within 30 days from the date of notification of the decision.     (c) The decision of the board may not be overturned upon review unless the court finds that the actions of the board were arbitrary or capricious.      Renumbered and Amended by Chapter 112, 1991 General Session
UT Code § 19-6-112 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 1 - Solid and Hazardous Waste Act|Section 112 - Notice of violations -- Order for correction -- Civil action to enforce.

 Affected by 63I-1-219 on 7/1/2029 19-6-112. Notice of violations -- Order for correction -- Civil action to enforce.    (1) Whenever the director determines that any person is in violation of any applicable approved hazardous wastes operation plan or solid waste plan, the requirements of this part, or any of the board's rules, the director may cause written notice of that violation to be served upon the alleged violator. The notice shall specify the provisions of the plan, this part or rule alleged to have been violated, and the facts alleged to constitute the violation.     (2) The director may:   (a) issue an order requiring that necessary corrective action be taken within a reasonable time; or     (b) request the attorney general or the county attorney in the county in which the violation is taking place to bring a civil action for injunctive relief and enforcement of this part.       (3) Pending promulgation of rules for corrective action under Section 19-6-105, the director may issue corrective action orders on a case-by-case basis, as necessary to carry out the purposes of this part.    Amended by Chapter 360, 2012 General Session
UT Code § 19-6-114 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 1 - Solid and Hazardous Waste Act|Section 114 - Service of notice, order, or other document.

 Affected by 63I-1-219 on 7/1/2029  Effective 5/12/2020  19-6-114. Service of notice, order, or other document.  In accordance with procedural rules adopted by the department, service of any notice, order, or other document issued by, or under the authority of, the director may be made by forwarding a copy of that notice, order, or other document by registered mail, directed to the person's designated address. Amended by Chapter 256, 2020 General Session
UT Code § 19-6-115 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 1 - Solid and Hazardous Waste Act|Section 115 - Imminent danger to health or environment -- Authority of executive director to initiate action to restrain.

 Affected by 63I-1-219 on 7/1/2029 19-6-115. Imminent danger to health or environment -- Authority of executive director to initiate action to restrain.  Notwithstanding any other provision of this part, upon receipt of evidence that the handling, transportation, treatment, storage, or disposal of any solid or hazardous waste, or a release from an underground storage tank, is presenting an imminent and substantial danger to health or the environment, the executive director may bring suit on behalf of this state in the district court to immediately restrain any person contributing, or who has contributed, to that action to stop the handling, storage, treatment, transportation, or disposal or to take other action as appropriate.  Renumbered and Amended by Chapter 112, 1991 General Session
UT Code § 19-6-116 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 1 - Solid and Hazardous Waste Act|Section 116 - Application of part subject to state assumption of primary responsibility from federal government -- Authority of political subdivisions.

 Affected by 63I-1-219 on 7/1/2029 19-6-116. Application of part subject to state assumption of primary responsibility from federal government -- Authority of political subdivisions.    (1) The requirements of this part applicable to the generation, treatment, storage, or disposal of hazardous waste, and the rules adopted under this part, do not take effect until this state is qualified to assume, and does assume, primacy from the federal government for the control of hazardous wastes.     (2) This part does not alter the authority of political subdivisions of the state to control solid and hazardous wastes within their local jurisdictions so long as any local laws, ordinances, or rules are not inconsistent with this part or the rules of the board.    Amended by Chapter 297, 2011 General Session
UT Code § 19-6-117 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 1 - Solid and Hazardous Waste Act|Section 117 - Action against insurer or guarantor.

 Affected by 63I-1-219 on 7/1/2029 19-6-117. Action against insurer or guarantor.    (1) The state may assert a cause of action directly against an insurer or guarantor of an owner or operator if:   (a) a cause of action exists against an owner or operator of a treatment, storage, or disposal facility, based upon conduct for which the director requires evidence of financial responsibility under Section 19-6-108, and that owner or operator is in bankruptcy, reorganization, or arrangement pursuant to the federal Bankruptcy Code; or     (b) jurisdiction over an owner or operator, who is likely to be solvent at the time of judgment, cannot be obtained in state or federal court.       (2) In that action, the insurer or guarantor may assert all rights and defenses available to the owner or operator, in addition to rights and defenses that would be available to the insurer or guarantor in an action brought against him by the owner or operator.    Amended by Chapter 360, 2012 General Session
UT Code § 19-6-117.5 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 1 - Solid and Hazardous Waste Act|Section 117.5 - Applicability of fees for treatment or disposal of waste.

 Affected by 63I-1-219 on 7/1/2029 19-6-117.5. Applicability of fees for treatment or disposal of waste.  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.  Enacted by Chapter 10, 2005 General Session
UT Code § 19-6-118.5 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 1 - Solid and Hazardous Waste Act|Section 118.5 - PCB disposal fee.

 Affected by 63I-1-219 on 7/1/2029 19-6-118.5. PCB disposal fee.    (1)   (a) On or after July 1, 2010, but on or before June 30, 2011, the owner or operator of a waste facility shall pay a fee of $4.75 per ton on all wastes containing polychlorinated biphenyls (PCBs) that are:   (i) regulated under 15 U.S.C. Sec. 2605; and     (ii) received at a facility for disposal or treatment.       (b) On and after July 1, 2011, the department shall establish a fee for disposal or treatment of wastes containing polychlorinated biphenyls in accordance with Section 63J-1-504.       (2) The owner or operator of a facility receiving PCBs for disposal or treatment shall:   (a) calculate the fees imposed under Subsection (1)(a) by multiplying the total tonnage of waste received during the calendar month, computed to the first decimal place, by the required fee rate of $4.75 per ton;     (b) pay the fees imposed by this section to the department by the 15th day of the month following the month in which the fees accrued; and     (c) with the fees required under this section, submit to the department, on a form prescribed by the department, information that verifies the amount of waste received and the fees that the owner or operator is required to pay.       (3) The department shall deposit the fees received under this section into the Environmental Quality Restricted Account created in Section 19-1-108.     (4) The owner or operator of a waste facility that is subject to a fee under this section is not subject to a fee for the same waste under Section 19-3-106, even if the waste contains radioactive materials.    Amended by Chapter 17, 2010 General Session
UT Code § 19-6-121 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 1 - Solid and Hazardous Waste Act|Section 121 - Local zoning authority powers.

 Affected by 63I-1-219 on 7/1/2029 19-6-121. Local zoning authority powers.  Nothing in this part prohibits any local zoning authority from adopting zoning criteria for commercial hazardous waste disposal facilities or sites that are more stringent than any requirements adopted by the department.  Renumbered and Amended by Chapter 112, 1991 General Session
UT Code § 19-6-122 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 1 - Solid and Hazardous Waste Act|Section 122 - Facilities to meet local zoning requirements.

 Affected by 63I-1-219 on 7/1/2029 19-6-122. Facilities to meet local zoning requirements.  Notwithstanding any provisions of this part, persons seeking to operate a commercial hazardous waste disposal facility or site shall meet all local zoning requirements before beginning operations.  Renumbered and Amended by Chapter 112, 1991 General Session
UT Code § 19-6-123 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 1 - Solid and Hazardous Waste Act|Section 123 - Kilns -- Siting.

 Affected by 63I-1-219 on 7/1/2029 19-6-123. Kilns -- Siting.  A cement kiln or lightweight aggregate kiln may not accept hazardous waste for recycling or for use as fuel without meeting the siting criteria for commercial hazardous waste treatment, storage, and disposal facilities established under Section 19-6-105.  Enacted by Chapter 219, 1991 General Session
UT Code § 19-6-124 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 1 - Solid and Hazardous Waste Act|Section 124 - Burial of nonhazardous solid waste by an individual.

 Affected by 63I-1-219 on 7/1/2029  Effective 5/13/2014  19-6-124. Burial of nonhazardous solid waste by an individual.    (1) Notwithstanding any other provision of this chapter, an individual may bury nonhazardous solid waste on the individual's own property if:   (a) the individual lives in an area where no public or duly licensed waste disposal service is available;     (b) the individual owns the nonhazardous solid waste; and     (c) the nonhazardous solid waste is generated on the individual's private property.       (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board may make rules necessary for the administration of this section.    Enacted by Chapter 287, 2014 General Session
UT Code § 19-6-125 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 1 - Solid and Hazardous Waste Act|Section 125 - Incineration of medical waste.

 Affected by 63I-1-219 on 7/1/2029  Effective 5/13/2014  19-6-125. Incineration of medical waste.    (1) Except as provided in Subsection (2), the division may not approve an operation plan or issue a permit for construction of a new facility that:   (a) incinerates infectious waste or chemotherapeutic agents; and     (b) is located within a two-mile radius of an area zoned residential on January 1, 2014.       (2) The division may approve renewal or modification of an operation plan or a permit for a facility that is in operation as of May 13, 2014.    Enacted by Chapter 198, 2014 General Session  Technically renumbered to avoid duplication of section number also enacted in HB13, Chapter 287.
UT Code § 19-6-201 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 2 - Hazardous Waste Facility Siting Act|Section 201 - Short title.

19-6-201. Short title.  This part is known as the "Hazardous Waste Facility Siting Act."  Renumbered and Amended by Chapter 112, 1991 General Session
UT Code § 19-6-202 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 2 - Hazardous Waste Facility Siting Act|Section 202 - Definitions.

 Effective 5/14/2019  19-6-202. Definitions.  As used in this part:  (1) "Board" means the Waste Management and Radiation Control Board created in Section 19-1-106.     (2) "Disposal" means the final disposition of hazardous wastes into or onto the lands, waters, and air of this state.     (3) "Hazardous wastes" means hazardous waste as defined in Section 19-6-102.     (4) "Hazardous waste treatment, disposal, and storage facility" means a facility or site used or intended to be used for the treatment, storage, or disposal of hazardous waste materials, including physical, chemical, or thermal processing systems, incinerators, and secure landfills.     (5) "Site" means land used for the treatment, disposal, or storage of hazardous wastes.     (6) "Siting plan" means the state hazardous waste facilities siting plan adopted by the board pursuant to Sections 19-6-204 and 19-6-205.     (7) "Storage" means the containment of hazardous wastes for a period of more than 90 days.     (8) "Treatment" means any method, technique, or process designed to change the physical, chemical, or biological character or composition of any hazardous waste to neutralize or render it nonhazardous, safer for transport, amenable to recovery or storage, convertible to another usable material, or reduced in volume and suitable for ultimate disposal.    Amended by Chapter 152, 2019 General Session
UT Code § 19-6-203 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 2 - Hazardous Waste Facility Siting Act|Section 203 - Other provisions relating to hazardous waste.

19-6-203. Other provisions relating to hazardous waste.  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.  Amended by Chapter 297, 2011 General Session
UT Code § 19-6-204 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 2 - Hazardous Waste Facility Siting Act|Section 204 - Guidelines for facility siting -- Considerations in adopting.

19-6-204. Guidelines for facility siting -- Considerations in adopting.    (1) The board shall adopt and publish guidelines for the location of hazardous waste treatment, storage, and disposal facilities. The guidelines shall ensure that facilities are sited so that the wastes located there will not constitute an unacceptable health hazard or impact the environment in an unacceptable manner.     (2) Proposed guidelines for siting shall take into account the following considerations:   (a) the zoning classification of the site proposed and its proximity to present or projected land use dedicated to industrial development;     (b) the existing land uses and the density of population in areas neighboring the proposed site;     (c) the density of population in areas adjacent to probable hazardous waste delivery routes;     (d) the risk and impact of accidents which might occur during the transportation of hazardous wastes to the site;     (e) the determination of areas that are dedicated to an incompatible public use or are unsuitable for other reasons for the location of hazardous wastes;     (f) the geology of the proposed site with special attention to the presence of fault zones and the risk of contamination to ground and surface waters through leaching and runoff;     (g) the risk to life and property from fires or explosions that might occur if improper storage and disposal methods are used;     (h) the economic and environmental impact of the proposed facility site location upon local governmental units adjacent to, or within which, the facility is proposed for location;     (i) closure and postclosure monitoring and maintenance requirements; and     (j) other criteria required for the siting of hazardous wastes under state or federal law.      Renumbered and Amended by Chapter 112, 1991 General Session
UT Code § 19-6-206 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 2 - Hazardous Waste Facility Siting Act|Section 206 - Exclusive remedy for devaluation of property caused by approved facility.

19-6-206. Exclusive remedy for devaluation of property caused by approved facility.    (1) Before construction of a hazardous waste management facility, but in no case later than nine months after approval of a plan for a hazardous waste treatment, storage, or disposal facility, any owner or user of property adversely affected by approval may bring an action in a district court of competent jurisdiction against the owner of the proposed facility. If the court determines that the planned construction and operation of the hazardous waste management facility will result in the devaluation of the plaintiff's property or will otherwise interfere with the plaintiff's rights in the property, it shall order the owner to compensate the plaintiff in an amount equal to the value of the plaintiff's loss.     (2) The remedy provided in Subsection (1) is the exclusive remedy for owners or users aggrieved by the proposed construction and operation of a hazardous waste treatment, disposal, or storage facility, and no court has jurisdiction to enjoin the construction or operation of any facility located at a site included in the siting plan adopted by the board.     (3) Nothing in this part prevents an owner or user of property aggrieved by the construction and operation of a facility from seeking damages that result from a subsequent modification of the design or operation of a facility but damages are limited to the incremental damage that results from the modification. Any action for damages from a modification shall be brought within nine months after the plans for modification of the design or operation of the facility are approved.     (4) For the purpose of assessing damages, the value of the rights affected is fixed at the date the facility plan is approved and the actual value of the right at that date is the basis for the determination of the amount of damage suffered, and no improvements to the property subsequent to the date of approval of the plans shall be included in the assessment of damages. Similarly, for any subsequent modification of a facility, value is fixed at the date of approval of the amended facility plan.     (5) The owner or operator of a proposed facility may, at any time before an award of damages, abandon the construction or operation of the facility or any modification and cause the action to be dismissed. As a condition of dismissal, however, the owner or operator shall compensate the plaintiff for any actual damage sustained as a result of construction or operation of the facility before abandonment together with court costs and a reasonable attorney's fee.     (6) Nothing in this part prevents a court from enjoining any activity at a hazardous waste facility that is outside of, or not in compliance with, the terms and conditions of an approved hazardous waste operations plan.    Renumbered and Amended by Chapter 112, 1991 General Session
UT Code § 19-6-207 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 2 - Hazardous Waste Facility Siting Act|Section 207 - Facility at site approved in siting plan -- Exemption from zoning and local approval requirements -- Transportation restrictions limited.

19-6-207. Facility at site approved in siting plan -- Exemption from zoning and local approval requirements -- Transportation restrictions limited.    (1) The construction or operation of a hazardous waste treatment, storage, or disposal facility at a site included within the siting plan is not required to conform to any local zoning or other land use regulation, law, or ordinance.     (2) The owner of any hazardous waste treatment, storage, or disposal facility proposed to be located at a site included in the siting plan is not required to obtain approval of the site from any county or municipal planning commission or similar authority and no local unit of government may prohibit or unduly restrict the transportation of hazardous waste through the governmental unit to an approved hazardous waste treatment, storage, or disposal facility.    Renumbered and Amended by Chapter 112, 1991 General Session
UT Code § 19-6-208 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 2 - Hazardous Waste Facility Siting Act|Section 208 - Facilities subject to Industrial Facilities and Development Act.

19-6-208. Facilities subject to Industrial Facilities and Development Act.  The financing, acquiring, constructing, reconstructing, improving, maintaining, equipping, or finishing of a hazardous waste treatment, disposal, or storage facility is deemed, where applicable, to be a "project," subject to the Utah Industrial Facilities and Development Act.  Renumbered and Amended by Chapter 112, 1991 General Session
UT Code § 19-6-301 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 3 - Hazardous Substances Mitigation Act|Section 301 - Short title.

 Affected by 63I-1-219 on 7/1/2030 19-6-301. Short title.  This part is known as the "Hazardous Substances Mitigation Act."  Renumbered and Amended by Chapter 112, 1991 General Session