reglab/statecodes huggingface dataset:
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 8 - Waste Tire Recycling Act › Section 810 - Recycling waste tires from abandoned waste tire piles and other waste tire piles.

Affected by 63I-1-219 on 7/1/2030
19-6-810.
Recycling waste tires from abandoned waste tire piles and other waste tire piles.
(1) A recycler may be reimbursed for recycling or beneficial use of waste tires from an abandoned waste tire pile within the state if:
(a) prior to recycling or the beneficial use of any of the waste tires, the recycler receives an affidavit from the local health department of the jurisdiction where the waste tire pile is located, stating:
(i) the waste tire pile is abandoned; and
(ii) the local health department has not been able to:
(A) locate the persons responsible for the waste tire pile; or
(B) cause the persons responsible for the waste tire pile to remove it;
(b) the waste tire transporter who transports the waste tires to the recycler:
(i) is registered;
(ii) has received from the local health department an affidavit stating it has authorized the transporter to remove the waste tires and deliver them to a recycler; and
(iii) provides a copy of the affidavit to the recycler; and
(c) the recycler provides to the local health department:
(i) proof of compliance with this Subsection (1) in the required form; and
(ii) the information required under Section 19-6-809.
(2) A recycler may receive partial reimbursement for recycling or the beneficial use of waste tires from waste tire piles within the state that are not abandoned if:
(a) prior to recycling or the beneficial use of any of the waste tires, the recycler receives an affidavit from the local health department of the jurisdiction where the waste tire pile is located, stating the waste tire pile is not abandoned;
(b) the recycler obtains an affidavit from the owner of the waste tire pile or the owner's authorized designee stating:
(i) the waste tires are from a pile to which no tires have been added after June 30, 1991; or
(ii) if the waste tires are from a waste tire pile to which waste tires have been added after June 30, 1991, all the waste tires provided to the recycler were generated within the state;
(c) the waste tires are transported to the recycler by a registered waste tire transporter, who provides a manifest to the recycler; and
(d) the recycler provides to the local health department:
(i) proof of compliance with this Subsection (2) in the required form; and
(ii) the information required under Section 19-6-809.
Amended by Chapter 165, 2001 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 8 - Waste Tire Recycling Act › Section 812 - Landfilling shredded tires -- Reimbursement.

Affected by 63I-1-219 on 7/1/2030
19-6-812.
Landfilling shredded tires -- Reimbursement.
(1) A waste tire may be disposed of in a landfill if:
(a) the land fill is operated in compliance with the requirements of Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act;
(b) the waste tire is shredded; and
(c) the waste tire is stored in a segregated cell or other landfill facility that ensures that the disposed shredded waste tire is in a clean and accessible condition so that the waste tire may be reasonably retrieved and recycled at a future time.
(2) The owner or operator of a landfill may apply to the local health department having jurisdiction over the applicant's business address for reimbursement of $20 per ton of waste tires placed in the landfill if:
(a) the waste tires are disposed in compliance with Subsection (1);
(b) the waste tires are generated from within the state; and
(c) the application includes:
(i) the site from which the waste tires are removed;
(ii) the landfill where the waste tires are disposed; and
(iii) the amount of shredded tires disposed.
(3) An application for reimbursement under this section is substantially the same as the application process required of recyclers applying for partial reimbursement under Section 19-6-813.
(4) A waste tire, for which reimbursement is paid under this section, is not eligible for additional reimbursement under this part.
Amended by Chapter 66, 2008 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 8 - Waste Tire Recycling Act › Section 813 - Application for partial reimbursement -- Penalty.

Affected by 63I-1-219 on 7/1/2030
19-6-813.
Application for partial reimbursement -- Penalty.
(1) An application for partial reimbursement shall be in the format prescribed by the local health department and shall include:
(a) the recycler's name and a brief description of the recycler's business;
(b) the quantity, in tons, of waste tires recycled or used in a beneficial use;
(c) originals or copies of log books, receipts, bills of lading, or other similar documents to establish the tonnage of waste tires recycled or used in a beneficial use;
(d) a description of how the waste tires were recycled;
(e) proof that is satisfactory to the local health department that the waste tires were recycled or used in a beneficial use; and
(f) the affidavit of the recycler warranting that the recycled waste tires or waste tires used for a beneficial use for which reimbursement is sought meet the requirements of Subsection 19-6-809(4).
(2) In addition to any other penalty imposed under Section 19-6-821 or 19-6-822 or by any other law, any person who knowingly or intentionally provides false information to the local health department under Subsection (1):
(a) is ineligible to receive any further reimbursement under this part; and
(b) shall return to the Division of Finance any reimbursement previously received for deposit in the fund.
Amended by Chapter 256, 2002 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 8 - Waste Tire Recycling Act › Section 814 - Local health department responsibility.

Affected by 63I-1-219 on 7/1/2030
19-6-814.
Local health department responsibility.
(1) A local health department that has received an application for partial reimbursement from a recycler shall within 15 calendar days after receiving the application:
(a) review the application for completeness;
(b) conduct an on-site investigation of the recycler's waste tire use if the application is the initial application of the recycler; and
(c) submit the recycler's application for partial reimbursement together with a brief written report of the results of the investigation and the dollar amount approved for payment to the Division of Finance.
(2) If the local health department approves a dollar amount for partial reimbursement which is less than the amount requested by the recycler, the local health department shall submit its written report of the investigation and recommendation to the recycler at least five days prior to submitting the report and recommendation to the Division of Finance.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 8 - Waste Tire Recycling Act › Section 815 - Payment by Division of Finance.

Affected by 63I-1-219 on 7/1/2030
19-6-815.
Payment by Division of Finance.
(1) The Division of Finance is authorized to pay the recycler partial reimbursements described in Section 19-6-809 from the fund.
(2) The Division of Finance shall pay the dollar amount of partial reimbursement approved by the local health department to the recycler within the next payment period established by rule of the Division of Finance, after receipt of the local health department's report and recommendation.
Amended by Chapter 256, 2002 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 8 - Waste Tire Recycling Act › Section 816 - Limitations on reimbursement.

Affected by 63I-1-219 on 7/1/2030
19-6-816.
Limitations on reimbursement.
(1) The costs reimbursed under this part may not exceed the money in the fund.
(2) If applications for reimbursement under Section 19-6-809, 19-6-811, or 19-6-812 during any month exceed the money in the fund, the Division of Finance shall prorate the amount of all claims for reimbursement for the month and defer payment of the remainder.
(3) The amount remaining unpaid on a claim for reimbursement shall be treated as a new application for reimbursement in the next succeeding month until the unpaid amount is $500 or less, at which time the balance of the claim shall be paid in full.
Amended by Chapter 256, 2002 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 8 - Waste Tire Recycling Act › Section 816.5 - Fund balance maintenance.

Affected by 63I-1-219 on 7/1/2030
Effective 5/3/2023
19-6-816.5.
Fund balance maintenance.
(1) As used in this section:
(a) "Qualified recycler" means a recycler who is qualified to receive a partial reimbursement under Section 19-6-809 during a fiscal year for which there are surplus funds.
(b) "Surplus funds" means, at the end of a fiscal year, money in the fund in excess of $2,000,000 after all partial reimbursements and payments to local health departments as provided in this part have been paid.
(2) At the end of a fiscal year, the Division of Finance shall use surplus funds to make payments to qualified recyclers equal to $10 for each ton of waste tires, material derived from waste tires, or chipped tires, for which the recycler received a partial reimbursement under Subsection 19-6-809(2).
(3) If the surplus funds are insufficient to make the payments described in Subsection (2), the Division of Finance shall prorate the amount per ton that is paid to each qualified recycler.
(4) The Division of Finance may not make a payment under this section that would cause the balance of the fund to be less than $2,000,000.
Amended by Chapter 388, 2023 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 8 - Waste Tire Recycling Act › Section 817 - Administrative fees to local health departments -- Reporting by local health departments.

Affected by 63I-1-219 on 7/1/2030
19-6-817.
Administrative fees to local health departments -- Reporting by local health departments.
(1)
(a) The Division of Finance shall pay quarterly to the local health departments from the fund $5 per ton of tires for which a partial reimbursement is made under this part.
(b) The payment under Subsection (1)(a) shall be allocated among the local health departments in accordance with recommendations of the Utah Association of Local Health Officers.
(c) The recommendation shall be based on the efforts expended and the costs incurred by the local health departments in enforcing this part and rules made under this part.
(2)
(a) Each local health department shall track all waste tires removed from abandoned waste tire piles within its jurisdiction, to determine the amount of waste tires removed and the recycler to which they are transported.
(b) The local health department shall report this information quarterly to the director.
Amended by Chapter 360, 2012 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 8 - Waste Tire Recycling Act › Section 818 - Local health department rules.

Affected by 63I-1-219 on 7/1/2030
19-6-818.
Local health department rules.
(1) In accordance with Section 26A-1-121, the local health department shall make regulations to:
(a) develop an application form; and
(b) establish the procedure to apply for reimbursement.
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall make rules to implement this part.
(3) The local health departments shall take into consideration the removal schedule of tire transporters or recyclers in a geographical area when making regulations governing the storage of waste tires at any business that generates waste tires, pending removal of those waste tires for recycling.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 8 - Waste Tire Recycling Act › Section 820 - Powers and duties of the director.

Affected by 63I-1-219 on 7/1/2030
19-6-820.
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 registrations for waste tire recyclers and transporters; and
(c) require forms, analyses, documents, maps, and other records as the director finds necessary to:
(i) issue recycler and transporter registrations;
(ii) authorize reimbursements under Section 19-6-811;
(iii) inspect a site, facility, or activity regulated under this part; and
(iv) issue permits for and inspect waste tire storage sites.
(2) The director may:
(a) authorize any division employee to enter any site or facility regulated under this part at reasonable times and upon presentation of credentials, for the purpose of inspection, audit, or sampling:
(i) at the site or facility; or
(ii) of the records, operations, or products;
(b) as authorized by the board, enforce board rules by issuing orders which are subsequently subject to the board's amendment or revocation; and
(c) coordinate with federal, state, and local governments, and other agencies, including entering into memoranda of understanding, to:
(i) ensure effective regulation of waste tires under this part;
(ii) minimize duplication of regulation; and
(iii) encourage responsible recycling of waste tires.
Amended by Chapter 360, 2012 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 8 - Waste Tire Recycling Act › Section 821 - Violations -- Civil proceedings and penalties -- Orders.

Affected by 63I-1-219 on 7/1/2030
19-6-821.
Violations -- Civil proceedings and penalties -- Orders.
(1) A person who violates any provision of this part or any order, permit, plan approval, or rule issued or adopted under this part is subject to a civil penalty of not more than $10,000 per day for each day of violation as determined in a civil hearing under Title 63G, Chapter 4, Administrative Procedures Act, except:
(a) any violation of Subsection 19-6-804(1), (3), or (4) is subject to the penalty under Subsection 19-6-804(5) rather than the penalties under this section; and
(b) any violation of Subsection 19-6-808(1), (2), or (3) regarding payment of the recycling fee by the tire retailer is subject to penalties as provided in Subsection 19-6-808(4) rather than the penalties under this section.
(2) The director may bring an action in the name of the state to restrain a person from continuing a violation of this part and to require the person to perform necessary remediation regarding a violation of this part.
(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) The director may revoke the registration of a waste tire recycler or transporter who violates any provision of this part or any order, plan approval, permit, or rule issued or adopted under this part.
(5) The director may revoke the tire storage permit for a storage facility that is in violation of any provision of this part or any order, plan approval, permit, or rule issued or adopted under this part.
(6) If a person has been convicted of violating a provision of this part prior to a finding by the director of a violation of the same provision in an administrative hearing, the director may not assess a civil monetary penalty under this section for the same offense for which the conviction was obtained.
(7) All penalties collected under this section shall be deposited in the fund.
Amended by Chapter 263, 2012 General Session
Amended by Chapter 360, 2012 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 8 - Waste Tire Recycling Act › Section 822 - Criminal penalties.

Affected by 63I-1-219 on 7/1/2030
Effective 5/5/2021
19-6-822.
Criminal penalties.
A person is guilty of a third degree felony if the person knowingly or intentionally provides or submits false information under the following provisions:
(1) Subsection 19-6-809(1)(a);
(2) Subsection 19-6-809(1)(c);
(3) Subsection 19-6-809(4);
(4) Subsection 19-6-810(1)(c);
(5) Subsection 19-6-810(2)(d);
(6) Subsection 19-6-811(3)(b);
(7) Subsection 19-6-811(6);
(8) Subsection 19-6-811(7);
(9) Subsection 19-6-812(2); or
(10) Subsection 19-6-813(1).
Amended by Chapter 149, 2021 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 8 - Waste Tire Recycling Act › Section 823 - Exception.

Affected by 63I-1-219 on 7/1/2030
19-6-823.
Exception.
The provisions of this part do not apply to waste tires from any device moved exclusively by human power.
Renumbered and Amended by Chapter 51, 2000 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 9 - Illegal Drug Operations Site Reporting and Decontamination Act › Section 901 - Title.

19-6-901.
Title.
This part is known as the "Illegal Drug Operations Site Reporting and Decontamination Act."
Enacted by Chapter 249, 2004 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 9 - Illegal Drug Operations Site Reporting and Decontamination Act › Section 902 - Definitions.

Effective 5/3/2023
19-6-902.
Definitions.
As used in this part:
(1) "Board" means the Waste Management and Radiation Control Board, as defined in Section 19-1-106, within the Department of Environmental Quality.
(2) "Certified decontamination specialist" means an individual who has met the standards for certification as a decontamination specialist and has been certified by the board under Subsection 19-6-906(2).
(3) "Contaminated" or "contamination" means:
(a) polluted by hazardous materials that cause property to be unfit for human habitation or use due to immediate or long-term health hazards; or
(b) that a property is polluted by hazardous materials as a result of the use, production, or presence of methamphetamine in excess of decontamination standards adopted by the Department of Health and Human Services under Section 26B-7-409.
(4) "Contamination list" means a list maintained by the local health department of properties:
(a) reported to the local health department under Section 19-6-903; and
(b) determined by the local health department to be contaminated.
(5)
(a) "Decontaminated" means property that at one time was contaminated, but the contaminants have been removed.
(b) "Decontaminated" for a property that was contaminated by the use, production, or presence of methamphetamine means that the property satisfies decontamination standards adopted by the Department of Health and Human Services under Section 26B-7-409.
(6) "Hazardous materials":
(a) has the same meaning as "hazardous or dangerous material" as defined in Section 58-37d-3; and
(b) includes any illegally manufactured controlled substances.
(7) "Health department" means a local health department under Title 26A, Local Health Authorities.
(8) "Owner of record":
(a) means the owner of real property as shown on the records of the county recorder in the county where the property is located; and
(b) may include an individual, financial institution, company, corporation, or other entity.
(9) "Property":
(a) means any real property, site, structure, part of a structure, or the grounds surrounding a structure; and
(b) includes single-family residences, outbuildings, garages, units of multiplexes, condominiums, apartment buildings, warehouses, hotels, motels, boats, motor vehicles, trailers, manufactured housing, shops, or booths.
(10) "Reported property" means property that is the subject of a law enforcement report under Section 19-6-903.
Amended by Chapter 327, 2023 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 9 - Illegal Drug Operations Site Reporting and Decontamination Act › Section 903 - Law enforcement reporting and records -- Removal from list.

19-6-903.
Law enforcement reporting and records -- Removal from list.
(1)
(a) When any state or local law enforcement agency in the course of its official duties observes any paraphernalia of a clandestine drug laboratory operation, including chemicals or equipment used in the manufacture of unlawful drugs, the agency shall report the location where the items were observed to the local health department.
(b)
(i) The law enforcement officer shall make the report under Subsection (1)(a) at the location where the observation occurred, if making the report at that time will not compromise an ongoing investigation.
(ii) If the report cannot be made at the location, the report shall be made as soon afterward as is practical.
(c) The report under Subsection (1)(a) shall include:
(i) the date of the observation;
(ii) the name of the reporting agency and the case number of the case that involves the location of the observation;
(iii) the contact information of the officer involved, including name and telephone number;
(iv) the address of the location and descriptions of the property that may be contaminated; and
(v) a brief description of the evidence at the location that led to the belief the property at the location may be contaminated.
(2) The law enforcement agency shall forward to the local health department copies of the reports made under Subsection (1).
(3)
(a) Upon receipt of a complaint or a report from law enforcement regarding possibly contaminated property, the local health officer or his designee shall determine if reasonable evidence exists that the property is contaminated.
(b) The local health department shall place property considered to be contaminated on a contamination list.
(4) The local health departments shall maintain searchable records of the properties on their contamination lists and shall:
(a) make the records reasonably available to the public;
(b) provide written notification to persons requesting access to the records that the records are only advisory in determining if specific property has been contaminated by clandestine drug lab activity; and
(c) remove the contaminated property from the list when the following conditions have been met:
(i) the local health department has monitored the decontamination process and, after documenting that the test results meet decontamination standards, has authorized the removal of or purging of the contamination information from the department's records; or
(ii) a certified decontamination specialist submits a report to the local health department stating that the property is decontaminated.
Enacted by Chapter 249, 2004 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 9 - Illegal Drug Operations Site Reporting and Decontamination Act › Section 904 - Decontamination specialist reporting to local health departments.

19-6-904.
Decontamination specialist reporting to local health departments.
(1) A certified decontamination specialist is required to report to the local health department the location of any property that is the subject of decontamination work by that decontamination specialist. The report shall be submitted prior to commencement of the decontamination work.
(2) The report under Subsection (1) shall include:
(a) sufficient information to allow the local health department to investigate and verify the location of the property, including the address and description of the property; and
(b) a proposed work plan for decontaminating the property.
(3) Upon completion of the decontamination process, a report certifying that the property is decontaminated shall be submitted to the local health department within 30 days.
Enacted by Chapter 249, 2004 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 9 - Illegal Drug Operations Site Reporting and Decontamination Act › Section 905 - Notification of property owner -- Notification of municipality or county.

19-6-905.
Notification of property owner -- Notification of municipality or county.
(1)
(a) If the local health department determines a property is contaminated, it shall notify the owner of record that the property has been placed on the contamination list and shall provide to the owner information regarding remediation options and the requirements necessary to clean up the property, obtain certification that the property is decontaminated, and remove the property from the contamination list.
(b) The notification shall include a deadline for the owner to provide to the local health department information on how the owner plans to address the contamination.
(c) This part does not require that decontamination be conducted by a certified decontamination specialist. However, upon completion of the decontamination, the property must be determined to be decontaminated in accordance with Subsection 19-6-903(4)(c) in order to be removed from the contamination list.
(2) If the local health department does not receive a response from the owner of record within the time period specified in the notice, or the owner of record advises the local health department that the owner does not intend to take action or that the reported property will be abandoned, the local health department shall notify the municipality in which the reported property is located, or the county, if the location is in an unincorporated area, of the owner of record's response or lack of response.
Enacted by Chapter 249, 2004 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 9 - Illegal Drug Operations Site Reporting and Decontamination Act › Section 906 - Decontamination standards -- Specialist certification standards -- Rulemaking.

Effective 7/1/2015
19-6-906.
Decontamination standards -- Specialist certification standards -- Rulemaking.
(1) The Department of Health shall make rules under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in consultation with the local health departments and the Department of Environmental Quality, to establish:
(a) decontamination and sampling standards and best management practices for the inspection and decontamination of property and the disposal of contaminated debris under this part;
(b) appropriate methods for the testing of buildings and interior surfaces, and furnishings, soil, and septic tanks for contamination; and
(c) when testing for contamination may be required.
(2) The Department of Environmental Quality Waste Management and Radiation Control Board shall make rules under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in consultation with the Department of Health and local health departments, to establish within the Department of Environmental Quality Division of Environmental Response and Remediation:
(a) certification standards for any private person, firm, or entity involved in the decontamination of contaminated property; and
(b) a process for revoking the certification of a decontamination specialist who fails to maintain the certification standards.
(3) All rules made under this part shall be consistent with other state and federal requirements.
(4) The board has authority to enforce the provisions under Subsection (2).
Amended by Chapter 451, 2015 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 10 - Mercury Switch Removal Act › Section 1001 - Title.

Affected by 63I-1-219 on 7/1/2027
19-6-1001.
Title.
This part is known as the "Mercury Switch Removal Act."
Enacted by Chapter 187, 2006 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 10 - Mercury Switch Removal Act › Section 1002 - Definitions.

Affected by 63I-1-219 on 7/1/2027
Effective 7/1/2015
19-6-1002.
Definitions.
(1) "Board" means the Waste Management and Radiation Control Board created in Section 19-1-106.
(2) "Director" means the director of the Division of Waste Management and Radiation Control.
(3) "Division" means the Division of Waste Management and Radiation Control created in Section 19-1-105.
(4) "Manufacturer" means the last person in the production or assembly process of a vehicle.
(5) "Mercury switch" means a mercury-containing capsule that is part of a convenience light switch assembly installed in a vehicle's hood or trunk.
(6) "Person" means an individual, a firm, an association, a partnership, a corporation, the state, or a local government.
(7) "Plan" means a plan for removing and collecting mercury switches from vehicles.
(8) "Vehicle" means any passenger automobile or car, station wagon, truck, van, or sport utility vehicle that may contain one or more mercury switches.
Amended by Chapter 451, 2015 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 10 - Mercury Switch Removal Act › Section 1003 - Board and director powers.

Affected by 63I-1-219 on 7/1/2027
19-6-1003.
Board and director powers.
(1) By following the procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board shall make rules:
(a) governing administrative proceedings under this part;
(b) specifying the terms and conditions under which the director shall approve, disapprove, revoke, or review a plan submitted by a manufacturer; and
(c) governing reports and educational materials required by this part.
(2) These rules shall include:
(a) time requirements for plan submission, review, approval, and implementation;
(b) a public notice and comment period for a proposed plan; and
(c) safety standards for the collection, packaging, transportation, storage, recycling, and disposal of mercury switches.
(3) The director may:
(a) review and approve or disapprove plans, specifications, or other data related to mercury switch removal;
(b) enforce a rule by issuing a notice, an order, or both;
(c) initiate an administrative action to compel compliance with this part and any rules adopted under this part; or
(d) request the attorney general to bring an action for injunctive relief and enforcement of this part, including imposition of the penalty described in Section 19-6-1006.
(4) The director shall establish a fee to cover the costs of a plan's review by following the procedures and requirements of Section 63J-1-504.
Amended by Chapter 360, 2012 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 10 - Mercury Switch Removal Act › Section 1004 - Mercury switch collection plan -- Reimbursement for mercury switch removal.

Affected by 63I-1-219 on 7/1/2027
19-6-1004.
Mercury switch collection plan -- Reimbursement for mercury switch removal.
(1)
(a) Each manufacturer of any vehicle sold within this state, individually or in cooperation with other manufacturers, shall submit a plan, accompanied by a fee, to the director.
(b) If the director disapproves a plan, the manufacturer shall submit an amended plan within 90 days.
(c) A manufacturer shall submit an updated plan within 90 days of any change in the information required by Subsection (2).
(d) The director may require the manufacturer to modify the plan at any time upon finding that an approved plan as implemented has failed to meet the requirements of this part.
(e) If the manufacturer does not know or is uncertain about whether or not a switch contains mercury, the plan shall presume that the switch contains mercury.
(2) The plan shall include:
(a) the make, model, and year of any vehicle, including current and anticipated future production models, sold by the manufacturer that may contain one or more mercury switches;
(b) the description and location of each mercury switch for each make, model, and year of vehicle;
(c) education materials that include:
(i) safe and environmentally sound methods for mercury switch removal; and
(ii) information about hazards related to mercury and the proper handling of mercury;
(d) a method for storage and disposal of the mercury switches, including packaging and shipping of mercury switches to an authorized recycling, storage, or disposal facility;
(e) a procedure for the transfer of information among persons involved with the plan to comply with reporting requirements; and
(f) a method to implement and finance the plan, which shall include the prompt reimbursement by the manufacturer of costs incurred by a person removing and collecting mercury switches.
(3) In order to ensure that the costs of removal and collection of mercury switches are not borne by any other person, the manufacturers of vehicles sold in the state shall pay:
(a) a minimum of $5 for each mercury switch removed by a person as partial compensation for the labor and other costs incurred in removing the mercury switch;
(b) the cost of packaging necessary to store or transport mercury switches to recycling, storage, or disposal facilities;
(c) the cost of shipping mercury switches to recycling, storage, or disposal facilities;
(d) the cost of recycling, storage, or disposal of mercury switches;
(e) the cost of the preparation and distribution of educational materials; and
(f) the cost of maintaining all appropriate record-keeping systems.
(4) Manufacturers of vehicles sold within this state shall reimburse a person for each mercury switch removed and collected without regard to the date on which the mercury switch is removed and collected.
(5) The manufacturer shall ensure that plan implementation occurs by July 1, 2007.
Amended by Chapter 360, 2012 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 10 - Mercury Switch Removal Act › Section 1005 - Reporting requirements.

Affected by 63I-1-219 on 7/1/2027
19-6-1005.
Reporting requirements.
(1) Each manufacturer that is required to implement a plan shall submit, either individually or in cooperation with other manufacturers, an annual report on the plan's implementation to the director within 90 days after the anniversary of the date on which the manufacturer is required to begin plan implementation.
(2) The report shall include:
(a) the number of mercury switches collected;
(b) the number of mercury switches for which the manufacturer has provided reimbursement;
(c) a description of the successes and failures of the plan; and
(d) a statement that details the costs required to implement the plan.
Amended by Chapter 360, 2012 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 10 - Mercury Switch Removal Act › Section 1006 - Penalties.

Affected by 63I-1-219 on 7/1/2027
19-6-1006.
Penalties.
A manufacturer who fails to submit, modify, or implement a plan according to this part and rules enacted under this part is subject to a civil penalty of not more than $1,000 per day per violation as determined in an administrative proceeding conducted according to the board's rules.
Enacted by Chapter 187, 2006 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 11 - Industrial Byproduct Reuse › Section 1102 - Definitions.

Effective 7/1/2015
19-6-1102.
Definitions.
As used in this part:
(1) "Board" means the Waste Management and Radiation Control Board created under Section 19-1-106.
(2) "Director" means the director of the Division of Waste Management and Radiation Control.
(3) "Division" means the Division of Waste Management and Radiation Control created in Section 19-1-105.
(4)
(a) "Industrial byproduct" means an industrial residual, including:
(i) inert construction debris;
(ii) fly ash;
(iii) bottom ash;
(iv) slag;
(v) flue gas emission control residuals generated primarily from the combustion of coal or other fossil fuel;
(vi) residual from the extraction, beneficiation, and processing of an ore or mineral;
(vii) cement kiln dust; or
(viii) contaminated soil extracted as a result of a corrective action subject to an operation plan under Part 1, Solid and Hazardous Waste Act.
(b) "Industrial byproduct" does not include material that:
(i) causes a public nuisance or public health hazard; or
(ii) is a hazardous waste under Part 1, Solid and Hazardous Waste Act.
(5) "Public project" means a project of the Department of Transportation to construct:
(a) a highway or road;
(b) a curb;
(c) a gutter;
(d) a walkway;
(e) a parking facility;
(f) a public transportation facility; or
(g) a facility, infrastructure, or transportation improvement that benefits the public.
(6) "Reuse" means to use an industrial byproduct in place of a raw material.
Amended by Chapter 451, 2015 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 11 - Industrial Byproduct Reuse › Section 1103 - Rulemaking.

19-6-1103.
Rulemaking.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board may make rules to implement this part, including:
(1) a streamlined application procedure designed to encourage and allow reuse of an industrial byproduct in a public project; and
(2) reasonable, objective standards for demonstrating, without regard to the industrial byproduct's source, the safety of the reuse and future reuse of an industrial byproduct.
Enacted by Chapter 340, 2009 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 11 - Industrial Byproduct Reuse › Section 1104 - Applications for industrial byproduct reuse -- Approval by the director.

19-6-1104.
Applications for industrial byproduct reuse -- Approval by the director.
(1) A person may submit to the director an application for reuse of an industrial byproduct from an inactive industrial site, as defined in Section 17C-1-102.
(2) The director shall respond to an application submitted under Subsection (1) within 60 days of the day on which the director determines the application is complete.
(3) The director shall approve an application submitted under Subsection (1) if the applicant shows:
(a) the industrial byproduct meets the applicable health risk standard;
(b) the industrial byproduct satisfies the applicable toxicity characteristic leaching procedure; and
(c) the proposed method of installation and type of reuse meet the applicable health risk standard.
Amended by Chapter 360, 2012 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 12 - Disposal of Electronic Waste Program › Section 1203 - Reporting requirements.

Effective 5/10/2016
19-6-1203.
Reporting requirements.
(1) On or after July 1, 2011, a manufacturer may not offer a consumer electronic device for sale in the state unless the manufacturer, either individually, through a group manufacturer organization, or through the manufacturer's industry trade group, prepares and submits, subject to Subsection (2), a report on or before August 1 of each year to the department.
(2) The report required under Subsection (1):
(a) shall include a list of eligible programs, subject to Subsection (3); and
(b) may include:
(i) an existing collection, transportation, or recycling system for a consumer electronic device; and
(ii) an eligible program offered by:
(A) a consumer electronic device recycler;
(B) a consumer electronic device repair shop;
(C) a recycler of other commodities;
(D) a reuse organization;
(E) a not-for-profit corporation;
(F) a retailer; or
(G) another similar operation, including a local government collection event.
(3) The list required in Subsection (2)(a) may be in the form of a geographic map identifying the type and location of an eligible program.
Amended by Chapter 13, 2016 General Session
Amended by Chapter 143, 2016 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 12 - Disposal of Electronic Waste Program › Section 1204 - Public education program.

19-6-1204.
Public education program.
(1) Effective January 1, 2012, a manufacturer may not offer a consumer electronic device for sale in the state unless the manufacturer individually, through a group manufacturer organization, or through the manufacturer's industry trade group establishes and implements, in accordance with Subsection (2), a public education program regarding the eligible programs.
(2)
(a) The public education program required under Subsection (1) shall:
(i) inform a consumer about eligible programs; and
(ii) use manufacturer-developed customer outreach materials, such as packaging inserts, company websites, and other communication methods, to inform a consumer about eligible programs.
(b) A manufacturer described in Subsection (1) shall work with the department and other interested parties to develop educational materials that inform consumers about an eligible program.
Enacted by Chapter 213, 2011 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 12 - Disposal of Electronic Waste Program › Section 1205 - Local government arrangement.

19-6-1205.
Local government arrangement.
If a local government enters into an arrangement with a manufacturer to facilitate consumer electronics recycling in accordance with this part, the local government may enter into the arrangement without requiring a request for proposal or similar competitive procurement process required by law.
Enacted by Chapter 213, 2011 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 7 - Environmental Self-Evaluation Act › Section 102 - Purposes.

19-7-102.
Purposes.
The purpose of this chapter is to:
(1) enhance the environment through voluntary compliance with environmental laws; and
(2) provide incentives to voluntarily identify and remedy environmental compliance problems.
Enacted by Chapter 304, 1995 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 7 - Environmental Self-Evaluation Act › Section 103 - Definitions.

19-7-103.
Definitions.
As used in this chapter:
(1) "Administrative proceeding" means an adjudicatory proceeding conducted by the department or other government entity with authority to enforce any environmental law, including any notice of violation proceeding, any department proceeding listed in Section 19-1-305, or any proceeding conducted pursuant to Title 63G, Chapter 4, Administrative Procedures Act.
(2) "Environmental audit report" means any document, information, report, finding, communication, note, drawing, graph, chart, photograph, survey, suggestion, or opinion, whether in preliminary, draft, or final form, prepared as the result of or in response to an environmental self-evaluation.
(3) "Environmental law" means any requirement contained in this title, or in rules made under this title, or in any rules, orders, permits, licenses, or closure plans issued or approved by the department, or in any other provision or ordinance addressing protection of the environment.
(4) "Environmental self-evaluation" means a self-initiated assessment, audit, or review, not otherwise expressly required by an environmental law, that is performed to determine whether a person is in compliance with environmental laws. A person may perform an environmental self-evaluation through the use of employees or the use of outside consultants.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 7 - Environmental Self-Evaluation Act › Section 104 - Unlawful disclosure -- Environmental audit report.

19-7-104.
Unlawful disclosure -- Environmental audit report.
(1) Information that is divulged, disseminated, or otherwise disclosed in violation of Utah Rules of Evidence, Rule 508, may not be admitted as evidence in an administrative or judicial proceeding.
(2) If any person, including a department employee or a presiding hearing officer, divulges or disseminates any part of the information contained in an environmental audit report and that report is privileged under Utah Rules of Evidence, Rule 508, the privilege is not waived except as provided under Utah Rules of Evidence, Rule 508(d)(1).
(3) An environmental audit report obtained pursuant to an in camera review is a protected record for purposes of Title 63G, Chapter 2, Government Records Access and Management Act, and a department employee or attorney representing the department may not disclose the report except in accordance with the provisions of Title 63G, Chapter 2, Government Records Access and Management Act.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 7 - Environmental Self-Evaluation Act › Section 105 - Privilege in administrative proceeding.

19-7-105.
Privilege in administrative proceeding.
An environmental audit report is privileged in accordance with and to the extent provided by Utah Rules of Evidence, Rule 508, Environmental Self-Evaluation Privilege, in any administrative proceeding.
Enacted by Chapter 304, 1995 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 7 - Environmental Self-Evaluation Act › Section 106 - In camera review -- Burden of proof.

19-7-106.
In camera review -- Burden of proof.
(1) The person seeking disclosure of an environmental audit report shall request an in camera review of the audit report by a court of record.
(2)
(a) If a court of record determines through in camera review that all or part of an environmental audit report is not privileged, the court shall order the disclosure of the nonprivileged portions of the environmental audit report.
(b) The privileged portions of the environmental audit report may not be disclosed.
(3) The person asserting the environmental self-evaluation privilege has the burden of establishing a prima facie case of privilege.
(4) The person seeking disclosure of an environmental audit report has the burden of proving that the environmental audit report is not privileged or excepted pursuant to the Utah Rules of Evidence, Rule 508.
Enacted by Chapter 304, 1995 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 7 - Environmental Self-Evaluation Act › Section 107 - Privileged communications.

19-7-107.
Privileged communications.
(1) A person or an officer or employee of that person who performs an environmental self-evaluation, as defined by Section 19-7-103, or assists in the preparation of an environmental audit report, as defined by Section 19-7-103, or a consultant hired for the purpose of performing an environmental self-evaluation or audit report cannot be examined without the consent of the person for which the environmental self-evaluation is conducted unless ordered to testify by a court.
(2) Subsection (1) does not apply if the environmental self-evaluation or audit report is subject to discovery or is admissible under Utah Rules of Evidence, Rule 508.
Enacted by Chapter 304, 1995 General Session