reglab/housing_qa huggingface dataset:
UT Code § 19-6-604 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 6 - Lead Acid Battery Disposal|Section 604 - Disposal by battery retailer.

 Affected by 63I-1-219 on 7/1/2026 19-6-604. Disposal by battery retailer.    (1) A lead acid battery retailer may not dispose of a used lead acid battery except by delivery to:   (a) a lead acid battery wholesaler;     (b) a lead acid battery manufacturer for delivery to a secondary lead smelter that meets state and federal permit requirements;     (c) a collection or recycling facility; or     (d) a secondary lead smelter that meets state and federal permit requirements.       (2) Removal or disposal of acid or other contents from lead acid batteries shall be done only in accordance with board rules.     (3) A lead acid battery retailer shall ensure removal of lead acid batteries received under Section 19-6-602 or 19-6-603 from the retail collection point.    Renumbered and Amended by Chapter 112, 1991 General SessionEnacted by Chapter 122, 1991 General Session
UT Code § 19-6-605 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 6 - Lead Acid Battery Disposal|Section 605 - Disposal by battery wholesaler.

 Affected by 63I-1-219 on 7/1/2026 19-6-605. Disposal by battery wholesaler.    (1) A person selling lead acid batteries at wholesale may not dispose of a used lead acid battery except by delivery to:   (a) a battery manufacturer for delivery to a secondary lead smelter that meets the state and federal permit requirements;     (b) a collection or recycling facility; or     (c) a secondary lead smelter that meets the state and federal permit requirements.       (2) The wholesale lead acid battery distributor shall ensure removal of batteries received under Section 19-6-602 or 19-6-604 from the wholesale collection point.    Renumbered and Amended by Chapter 112, 1991 General SessionEnacted by Chapter 122, 1991 General Session
UT Code § 19-6-606 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 6 - Lead Acid Battery Disposal|Section 606 - Enforcement.

 Affected by 63I-1-219 on 7/1/2026 19-6-606. Enforcement.    (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.    Amended by Chapter 360, 2012 General Session
UT Code § 19-6-607 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 6 - Lead Acid Battery Disposal|Section 607 - Penalty.

 Affected by 63I-1-219 on 7/1/2026 19-6-607. Penalty.    (1) A violation of this part is a class B misdemeanor.     (2) Each lead acid battery improperly disposed of or rejected by a lead acid battery wholesaler or retailer in violation of Section 19-6-603, 19-6-604, or 19-6-605 is a separate violation.    Amended by Chapter 79, 1996 General Session
UT Code § 19-6-701 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 7 - Used Oil Management Act|Section 701 - Short title.

 Affected by 63I-1-219 on 7/1/2029 19-6-701. Short title.  This act is known as the "Used Oil Management Act."  Enacted by Chapter 283, 1993 General Session
UT Code § 19-6-702 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 7 - Used Oil Management Act|Section 702 - Legislative findings.

 Affected by 63I-1-219 on 7/1/2029 19-6-702. Legislative findings.    (1) The Legislature finds millions of gallons of used oil are generated each year in Utah, and this oil is:   (a) a valuable petroleum resource that can be recycled; and     (b) in spite of the potential for recycling, significant quantities of used oil are wastefully disposed of or improperly used by means that pollute the water, land, and air, and endanger the public health, safety, and welfare.       (2) The Legislature finds used oil should be collected, treated, and reused in a manner that conserves energy and does not present a hazard to public health or the environment.     (3) The Legislature finds in light of the harmful consequences that can result from the improper disposal and use of used oil, and its value as a resource, the collection, recycling, and reuse of used oil is in the public interest.    Enacted by Chapter 283, 1993 General Session
UT Code § 19-6-705 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 7 - Used Oil Management Act|Section 705 - Powers and duties of the director

 Affected by 63I-1-219 on 7/1/2029 19-6-705. Powers and duties of the director    (1) The director shall:   (a) administer and enforce the rules and orders of the board;     (b) issue and revoke registration numbers for DIYer used oil collection centers and used oil collection centers;     (c) after public notice and opportunity for a public hearing:   (i) issue or modify a permit under this part;     (ii) deny a permit when the director finds the application is not complete; and     (iii) revoke a permit issued under this section upon a finding the permit holder has failed to ensure compliance with this part;       (d)   (i) coordinate with federal, state, and local government, and other agencies, including entering into memoranda of understanding, to ensure effective regulation of used oil under this part, minimize duplication of regulation, and encourage responsible recycling of used oil; and     (ii) as the department finds appropriate to the implementation of this part, enter into contracts with local health departments to carry out specified functions under this part and be reimbursed by the department in accordance with the contract;       (e) require forms, analyses, documents, maps, and other records as the director finds necessary to permit and inspect an operation regulated under this part;     (f) establish a toll-free telephone line to provide information to the public regarding management of used oil and locations of used oil collection centers; and     (g) 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 part.       (2) The director may:   (a) authorize any employee of the division to enter any facility regulated under this part at reasonable times and upon presentation of credentials for the purpose of inspection, audit, or sampling of the used oil site or facility, records, operations, or product;     (b) direct a person whose activities are regulated under this part to take samples for a stated purpose and cause them to be analyzed at that person's expense; and     (c) enforce board rules by issuing orders.      Amended by Chapter 360, 2012 General Session
UT Code § 19-6-707 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 7 - Used Oil Management Act|Section 707 - Rebuttable presumption regarding used oil mixtures.

 Affected by 63I-1-219 on 7/1/2029 19-6-707. Rebuttable presumption regarding used oil mixtures.    (1)   (a) Used oil containing more than 1000 ppm total halogens is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in 40 CFR 261, Subpart D.     (b) This presumption may be rebutted by demonstrating the used oil does not contain hazardous waste, such as by using the analytical method from SW-846, Edition III, to show the used oil does not contain significant concentrations of halogenated hazardous constituents as listed by board rule.       (2)   (a) The rebuttable presumption under Subsection (1) does not apply to metalworking oils or fluids containing chlorinated paraffins, if they are processed through a tolling agreement to reclaim the metalworking oils or fluids.     (b) The rebuttable presumption under Subsection (1) does apply to metalworking oils or fluids if the oils or fluids are recycled in any other manner or are disposed.       (3)   (a) The rebuttable presumption under Subsection (1) does not apply to used oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units when the CFCs are destined for reclamation.     (b) The rebuttable presumption does apply to used oils contaminated with CFCs that have been mixed with used oil from sources other than refrigeration units.      Enacted by Chapter 283, 1993 General Session
UT Code § 19-6-709 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 7 - Used Oil Management Act|Section 709 - Reclamation of site or facility.

 Affected by 63I-1-219 on 7/1/2029 19-6-709. Reclamation of site or facility.    (1) The owner or operator of any of the following operations shall reclaim the site of the operation to a post-operations land use, as approved by the board in coordination with the department, when the operation ceases or the permit is revoked:   (a) DIYer used oil collection center;     (b) used oil collection center;     (c) used oil aggregation point;     (d) used oil transfer facility; or     (e) used oil processing or rerefining facility.       (2) DIYer used oil collection centers, used oil collection centers, and used oil aggregation points are not required to post a reclamation surety under this part, but are subject to the reclamation requirements of this section.     (3) Facilities and sites required to be permitted under this part shall post a reclamation surety in a form and amount required by board rule prior to issuance of a permit.    Enacted by Chapter 283, 1993 General Session
UT Code § 19-6-711 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 7 - Used Oil Management Act|Section 711 - Application of used oil to the land -- Limitations.

 Affected by 63I-1-219 on 7/1/2029 19-6-711. Application of used oil to the land -- Limitations.    (1) A person may not apply used oil to the land as a dust or weed suppressant or for other similar applications to the land unless the person has obtained:   (a) written authorization as required under this chapter; and     (b) a permit from the director.       (2) The applicant for a permit under this section shall demonstrate:   (a) the used oil is not mixed with any hazardous waste;     (b) the used oil does not exhibit any hazardous characteristic other than ignitability; and     (c) how the applicant will minimize the impact on the environment of the use of used oil as a dust or weed suppressant or for other similar applications to the land.       (3) Prior to acting on the application, the director shall provide public notice of the application and shall provide opportunity for public comment under Section 19-6-712.    Amended by Chapter 360, 2012 General Session
UT Code § 19-6-712 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 7 - Used Oil Management Act|Section 712 - Issuance of permits -- Public comments and hearing.

 Affected by 63I-1-219 on 7/1/2029 19-6-712. Issuance of permits -- Public comments and hearing.    (1) In considering permit applications under this part, the director shall:   (a) ensure the application is complete prior to acting on it;     (b)   (i) publish notice of the permit application and the opportunity for public comment in:   (A) a newspaper of general circulation in the state; and     (B) a newspaper of general circulation in the county where the operation for which the application is submitted is located; and       (ii) as required in Section 45-1-101;       (c) allow the public to submit written comments to the director within 15 days after date of publication;     (d) consider timely submitted public comments and the criteria established in this part and by rule in determining whether to grant the permit; and     (e) send a written copy of the decision to the applicant and to persons submitting timely comments under Subsection (1)(c).       (2) The director's decision under this section may be appealed to the executive director as provided by rule.    Amended by Chapter 360, 2012 General Session
UT Code § 19-6-714 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 7 - Used Oil Management Act|Section 714 - Recycling fee on sale of oil.

 Affected by 63I-1-219 on 7/1/2029 19-6-714. Recycling fee on sale of oil.    (1) On and after October 1, 1993, a recycling fee of $.04 per quart or $.16 per gallon is imposed upon the first sale in Utah by a lubricating oil vendor of lubricating oil. The lubricating oil vendor shall collect the fee at the time the lubricating oil is sold.     (2) A fee under this section may not be collected on sales of lubricating oil:   (a) shipped outside the state;     (b) purchased in five-gallon or smaller containers and used solely in underground mining operations; or     (c) in bulk containers of 55 gallons or more.       (3) This fee is in addition to all other state, county, or municipal fees and taxes imposed on the sale of lubricating oil.     (4) The exemptions from sales and use tax provided in Section 59-12-104 do not apply to this part.     (5) The commission may make rules to implement and enforce the provisions of this section.    Amended by Chapter 297, 2011 General Session
UT Code § 19-6-715 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 7 - Used Oil Management Act|Section 715 - Recycling fee collection procedures.

 Affected by 63I-1-219 on 7/1/2029  Effective 5/12/2020  19-6-715. Recycling fee collection procedures.    (1) A lubricating oil vendor shall pay the fee collected under Section 19-6-714 to the commission:   (a) monthly on or before the last day of the month immediately following the last day of the previous month if:   (i) the lubricating oil vendor is required to file a sales and use tax return with the commission monthly under Section 59-12-108; or     (ii) the lubricating oil vendor is not required to file a sales and use tax return under Title 59, Chapter 12, Sales and Use Tax Act; or       (b) quarterly on or before the last day of the month immediately following the last day of the previous quarter if the lubricating oil vendor is required to file a sales and use tax return with the commission quarterly under Section 59-12-107.       (2) A lubricating oil vendor may retain a maximum of 2% of the recycling fee it collects under Section 19-6-714 for the costs of collecting the fee.     (3) The payment of the fee to the commission shall be accompanied by a form provided by the commission.    Amended by Chapter 354, 2020 General Session
UT Code § 19-6-716 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 7 - Used Oil Management Act|Section 716 - Fee collection by commission -- Administrative charge.

 Affected by 63I-1-219 on 7/1/2029 19-6-716. Fee collection by commission -- Administrative charge.    (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.    Amended by Chapter 309, 2011 General Session
UT Code § 19-6-717 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 7 - Used Oil Management Act|Section 717 - Used oil collection incentive payment.

 Affected by 63I-1-219 on 7/1/2029 19-6-717. Used oil collection incentive payment.    (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 collected from DIYer used oil generators on and after July 1, 1994, and 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 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.      Amended by Chapter 360, 2012 General Session
UT Code § 19-6-719 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 7 - Used Oil Management Act|Section 719 - Used oil collection account.

 Affected by 63I-1-219 on 7/1/2029 19-6-719. Used oil collection account.  There is created in the General Fund a restricted account known as the Used Oil Collection Administration Account. All money received by the state from the recycling fee placed on lubricating oil under this part, all permit fees, all penalties imposed under this part, and all money received as a grant or donation to be used for the administration of this part shall be placed in this account to be appropriated to the division for the management of DIYer used oil under this part subject to the priorities in Section 19-6-720.  Enacted by Chapter 283, 1993 General Session
UT Code § 19-6-720 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 7 - Used Oil Management Act|Section 720 - Grants and donations -- Support for programs -- Priorities.

 Affected by 63I-1-219 on 7/1/2029 19-6-720. Grants and donations -- Support for programs -- Priorities.    (1) The division may solicit or request and receive gifts, grants, donations, and other assistance from any source. Funds or resources received shall be deposited in the account created in Section 19-6-719 and shall be appropriated to the division for the management of DIYer used oil under this part subject to priorities set in Subsection (2).     (2) Appropriations received by the division shall be expended, as available, for the management of DIYer used oil under this part in the following order of priority:   (a) first, division and board costs of implementation;     (b) second, recycling incentive payments under Section 19-6-717;     (c) third, public education programs;     (d) fourth, awarding grants as funds are available for the establishment of the following, with emphasis on providing used oil collection facilities and programs in rural areas:   (i) used oil collection centers; and     (ii) curbside used oil collection programs, including costs of retrofitting trucks, curbside containers, and other costs of curbside collection programs; and       (e) fifth, provide funding to local health departments for enforcement of the management of DIYer used oil under this part in coordination with the board.       (3) In awarding grants under Subsection (2)(d), the board shall work with governmental entities in areas of the state where used oil collection centers are limited or do not exist, or where public access to the centers is limited, to promote the establishment of DIYer used oil collection centers.    Enacted by Chapter 283, 1993 General Session
UT Code § 19-6-721 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 7 - Used Oil Management Act|Section 721 - Violations -- Proceedings -- Orders.

 Affected by 63I-1-219 on 7/1/2029 19-6-721. Violations -- Proceedings -- Orders.    (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) All penalties collected under this section shall be deposited in the account created in Section 19-6-719.    Amended by Chapter 360, 2012 General Session
UT Code § 19-6-721.1 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 7 - Used Oil Management Act|Section 721.1 - Notice of violations -- Order for correction -- Civil action to enforce.

 Affected by 63I-1-219 on 7/1/2029  Effective 5/12/2020  19-6-721.1. Notice of violations -- Order for correction -- Civil action to enforce.    (1) Whenever the director determines that a person is in violation of an applicable approved used oil operation permit, the requirements of this part, or any of the board's rules, the director may cause written notice of that violation to be served upon the alleged violator. The notice shall specify the provisions of the permit, this part, or rule alleged to have been violated, and the facts alleged to constitute the violation.     (2) The director may:   (a) issue an order requiring that necessary corrective action be taken within a reasonable time; or     (b) request the attorney general or the county attorney in the county in which the violation is taking place to bring a civil action for injunctive relief and enforcement of this part.      Enacted by Chapter 256, 2020 General Session
UT Code § 19-6-722 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 7 - Used Oil Management Act|Section 722 - Criminal penalties.

 Affected by 63I-1-219 on 7/1/2029 19-6-722. Criminal penalties.    (1) A violation of any applicable provision of this part is a class A misdemeanor, except:   (a) any violation involving hazardous waste is governed by provisions of this chapter that address hazardous waste;     (b) any violation of Section 19-6-714 or 19-6-715 regarding the recycling fee is subject to penalties authorized under Section 19-6-716.       (2) Any person who knowingly conducts any activities identified in Subsection 19-6-113(3) regarding hazardous waste in conjunction with any operations under this part is subject to the enforcement actions and penalties identified in Subsection 19-6-113(4).     (3) All penalties collected under this section shall be deposited in the account created in Section 19-6-719.    Amended by Chapter 271, 1998 General Session
UT Code § 19-6-723 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 7 - Used Oil Management Act|Section 723 - Local ordinances regarding used oil.

 Affected by 63I-1-219 on 7/1/2029 19-6-723. Local ordinances regarding used oil.  Any political subdivision of the state may enact and enforce ordinances regarding the management of used oil that are consistent with this part.  Enacted by Chapter 283, 1993 General Session