reglab/statecodes huggingface dataset:
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 5 - Water Quality Act › Part 2 - Capital Assets for Wastewater › Section 201 - Definitions.

Affected by 63I-1-219 on 7/1/2029
Effective 5/4/2022
19-5-201.
Definitions.
As used in this part:
(1) "Capital asset" means an asset that:
(a) is a significant investment or an essential component necessary to provide a wastewater service, including:
(i) a facility;
(ii) infrastructure, whether above or below ground level;
(iii) equipment; or
(iv) a communications network; and
(b) is owned by a wastewater service provider.
(2) "Governing body" means a political subdivision governing body defined in Section 63A-15-102.
(3) "Large underground wastewater disposal system" is as defined by rule made by the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(4) "Wastewater service provider" means a political subdivision of the state that owns, operates, or otherwise sponsors through agreement a sewerage system, a treatment works, or large underground wastewater disposal system for the collection, storage, treatment, or disposal of domestic waste.
Enacted by Chapter 66, 2022 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 5 - Water Quality Act › Part 2 - Capital Assets for Wastewater › Section 202 - Capital asset management.

Affected by 63I-1-219 on 7/1/2029
Effective 5/4/2022
19-5-202.
Capital asset management.
(1) As a condition of receiving state or federal financing or grants to be used for an improvement to a capital asset related to wastewater or sewer infrastructure, the governing body of a wastewater service provider shall commit to adopt a capital asset management plan.
(2) The board shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish the elements of a capital asset management plan required by Subsection (1).
Enacted by Chapter 66, 2022 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 5 - Water Quality Act › Part 2 - Capital Assets for Wastewater › Section 203 - Participation in survey.

Affected by 63I-1-219 on 7/1/2029
Effective 5/4/2022
19-5-203.
Participation in survey.
A wastewater service provider shall participate in the United States Environmental Protection Agency's 2022 Clean Water Needs Survey and deliver the required data to the survey data portal by no later than December 31, 2022.
Enacted by Chapter 66, 2022 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 1 - Solid and Hazardous Waste Act › Section 101 - Short title.

Affected by 63I-1-219 on 7/1/2029
19-6-101.
Short title.
This part is known as the "Solid and Hazardous Waste Act."
Renumbered and Amended by Chapter 112, 1991 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 1 - Solid and Hazardous Waste Act › Section 102.1 - Treatment or disposal -- Exclusions.

Affected by 63I-1-219 on 7/1/2029
Effective 5/12/2020
19-6-102.1.
Treatment or disposal -- Exclusions.
As used in Subsections 19-6-108(3)(b), 19-6-108(3)(c)(ii)(B), and 19-6-119(1)(a), the term "treatment or disposal" specifically excludes the recycling, use, reuse, or reprocessing of:
(1) fly ash waste, bottom ash waste, slag waste, or flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels;
(2) waste from the extraction, beneficiation, and processing of ores and minerals; or
(3) cement kiln dust, including recycle, reuse, use, or reprocessing for road sanding, sand blasting, road construction, railway ballast, construction fill, aggregate, and other construction-related purposes.
Amended by Chapter 256, 2020 General Session
Amended by Chapter 354, 2020 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 1 - Solid and Hazardous Waste Act › Section 106 - Rulemaking authority and procedure.

Affected by 63I-1-219 on 7/1/2029
19-6-106.
Rulemaking authority and procedure.
(1) Except as provided in Subsection (2), no rule which the board makes for the purpose of the state administering a program under the federal Resource Conservation and Recovery Act and, to the extent the board may have jurisdiction, under the federal Comprehensive Environmental Response, Compensation and Liability Act, or the federal Emergency Planning and Community Right to Know Act of 1986, may be more stringent than the corresponding federal regulations which address the same circumstances. In making the rules, the board may incorporate by reference corresponding federal regulations.
(2) The board may make rules more stringent than corresponding federal regulations for the purposes described in Subsection (1), only if it makes a written finding after public comment and hearing and based on evidence in the record that corresponding federal regulations are not adequate to protect public health and the environment of the state. Those findings shall be accompanied by an opinion referring to and evaluating the public health and environmental information and studies contained in the record which form the basis for the conclusion.
Renumbered and Amended by Chapter 112, 1991 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 1 - Solid and Hazardous Waste Act › Section 107 - Director -- Appointment -- Powers.

Affected by 63I-1-219 on 7/1/2029
Effective 5/12/2020
19-6-107.
Director -- Appointment -- Powers.
(1) The executive director shall appoint the director. The director shall serve under the administrative direction of the executive director.
(2) The director shall:
(a) issue an order necessary to enforce this part;
(b) enforce an order by appropriate administrative and judicial proceedings;
(c) institute judicial proceedings to secure compliance with this part;
(d) carry out inspections pursuant to Section 19-6-109;
(e) require submittal of specifications or other information relating to hazardous waste plans for review, and approve, disapprove, revoke, or review the plans;
(f) develop programs for solid waste and hazardous waste management and control within the state;
(g) advise, consult, and cooperate with another agency of the state, the federal government, another state, an interstate agency, an affected group, an affected political subdivision, an affected industry, or other affected person in furtherance of the purposes of this part;
(h) subject to the provisions of this part, enforce rules made or revised by the board through the issuance of orders;
(i) review plans, specifications or other data relative to solid waste and hazardous waste control systems or any part of the systems as provided in this part;
(j) under the direction of the executive director, represent the state in matters pertaining to interstate solid waste and hazardous waste management and control including, under the direction of the board, entering into interstate compacts and other similar agreements; and
(k) as authorized by the board and subject to the provisions of this part, act as executive secretary of the board under the direction of the chair of the board.
(3) The director may:
(a) subject to Subsection 19-6-104(1)(e), settle or compromise any administrative or civil action initiated to compel compliance with this part and any rules adopted under this part;
(b) employ full-time employees necessary to carry out this part;
(c) authorize any employee or representative of the department to conduct inspections as permitted in this part;
(d) encourage, participate in, or conduct studies, investigations, research, and demonstrations relating to solid waste and hazardous waste management and control necessary for the discharge of duties assigned under this part;
(e) collect and disseminate information relating to solid waste and hazardous waste management control; and
(f) cooperate with any person in studies and research regarding solid waste and hazardous waste management and control.
Amended by Chapter 256, 2020 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 1 - Solid and Hazardous Waste Act › Section 108.3 - Director to issue written assurances, make determinations, and partition operation plans -- Board to make rules.

Affected by 63I-1-219 on 7/1/2029
19-6-108.3.
Director to issue written assurances, make determinations, and partition operation plans -- Board to make rules.
(1) Based upon risk to human health or the environment from potential exposure to hazardous waste, the director may:
(a) even if corrective action is incomplete, issue an enforceable written assurance to a person acquiring an interest in real property covered by an operation plan that the person to whom the assurance is issued:
(i) is not a permittee under the operation plan; and
(ii) will not be subject to an enforcement action under this part for contamination that exists or for violations under this part that occurred before the person acquired the interest in the real property covered by the operation plan;
(b) determine that corrective action to the real property covered by the operation plan is:
(i) complete;
(ii) incomplete;
(iii) unnecessary with an environmental covenant; or
(iv) unnecessary without an environmental covenant; and
(c) partition from an operation plan a portion of real property subject to the operation plan after determining that corrective action for that portion of real property is:
(i) complete;
(ii) unnecessary with an environmental covenant; or
(iii) unnecessary without an environmental covenant.
(2) If the director determines that an environmental covenant is necessary under Subsection (1)(b) or (c), the director shall require that the real property be subject to an environmental covenant according to Title 57, Chapter 25, Uniform Environmental Covenants Act.
(3) An assurance issued under Subsection (1) protects the person to whom the assurance is issued from any cost recovery and contribution action under state law.
(4) By following the procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board may adopt rules to administer this section.
Amended by Chapter 360, 2012 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 1 - Solid and Hazardous Waste Act › Section 108.5 - Management of hazardous waste generated outside Utah.

Affected by 63I-1-219 on 7/1/2029
Effective 5/9/2017
19-6-108.5.
Management of hazardous waste generated outside Utah.
On and after July 1, 2017, waste entering Utah for disposal or treatment, excluding incineration, that is classified by Utah as nonhazardous solid waste shall be treated or disposed of as nonhazardous solid waste, regardless of how it is classified by the state of origin.
Amended by Chapter 232, 2017 General Session
Amended by Chapter 281, 2017 General Session
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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.
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 3 - Hazardous Substances Mitigation Act › Section 302.5 - Retroactive effect.

Affected by 63I-1-219 on 7/1/2030
19-6-302.5.
Retroactive effect.
(1) The Legislature finds the language in this part, prior to the passage of this act, did not clearly set forth procedures for identifying responsible parties and allocating among those parties response costs at sites where hazardous substances or materials have been released. This lack of clarity has interfered with effective allocation of costs of cleanup as required by this part.
(2) It is the intent of the Legislature that this act provides clarification of the Legislature's original intent to facilitate cleanups of hazardous substances or materials by providing clarification of procedures for allocating liability and response costs.
(3)
(a) It is the intent of the Legislature that liability as determined under this act applies retroactively to any release of a hazardous substance or material subject to or currently in the process of investigation, abatement, or corrective action under this part as of the effective date of this act.
(b) Any responsible party whose liability for cleanup costs is absolved or altered by the provisions of this act is subject only to further costs or action as required by this part.
Enacted by Chapter 324, 1995 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 3 - Hazardous Substances Mitigation Act › Section 303 - Rulemaking provisions.

Affected by 63I-1-219 on 7/1/2030
19-6-303.
Rulemaking provisions.
The executive director may regulate hazardous substances releases by making rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, consistent with the substantive requirements of CERCLA, to establish the requirements for remedial investigation studies and remedial action plans.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 3 - Hazardous Substances Mitigation Act › Section 304 - Inspections.

Affected by 63I-1-219 on 7/1/2030
19-6-304.
Inspections.
(1) Upon presentation of appropriate credentials and at any reasonable time, any authorized officer, employee, or representative of the department may:
(a) enter and inspect any property, premises, or place where he has reason to believe there is a hazardous materials or substances release;
(b) copy any records relating to those hazardous materials or substances to determine compliance with this part and the rules made under authority of this part; and
(c) inspect and take samples of any suspected hazardous material or substance.
(2) If the department's representative takes samples of any suspected hazardous material or substance under authority of this section, he shall:
(a) give a receipt describing the sample taken to the owner, operator, or agent who has control of the suspected hazardous material or substance;
(b) if requested and if possible, give the owner, operator, or agent a split sample of the suspected hazardous material or substance equal in volume or weight to the portion he retains; and
(c) if an analysis of any sample is made, upon request, promptly furnish a copy of the results of the analysis to the owner, operator, or agent.
Renumbered and Amended by Chapter 112, 1991 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 3 - Hazardous Substances Mitigation Act › Section 306 - Penalties -- Lawsuits.

Affected by 63I-1-219 on 7/1/2030
19-6-306.
Penalties -- Lawsuits.
(1) Any person who violates any final order or rule issued or made 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.
(2) Any person who violates the terms of any agreement made under authority of this part is subject in a civil proceeding to pay:
(a) any penalties stipulated in the agreement; or
(b) if no penalties are stipulated in the agreement, a penalty of not more than $10,000 per day for each day of violation.
(3) The executive director shall deposit all civil penalties collected under the authority of this section into the General Fund.
(4)
(a) The executive director may enforce any orders issued under authority of this part by bringing a suit to enforce the order in the district court in Salt Lake County or in the district court in the county where the hazardous substances release occurred.
(b) After a remedial investigation has been completed, the executive director may bring a suit in district court against all responsible parties, asking the court for injunctive relief and to apportion liability among the responsible parties for performance of remedial action.
Amended by Chapter 324, 1995 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 3 - Hazardous Substances Mitigation Act › Section 307 - Hazardous Substances Mitigation Fund.

Affected by 63I-1-219 on 7/1/2030
Effective 7/1/2022
19-6-307.
Hazardous Substances Mitigation Fund.
(1) There is created an expendable special revenue fund entitled the "Hazardous Substances Mitigation Fund."
(2) The fund consists of money generated from the following revenue sources:
(a) any voluntary contributions received for the cleanup of hazardous substances facilities;
(b) appropriations made to the fund by the Legislature;
(c) money received by the state under Sections 19-6-310 and 19-6-316; and
(d) money from the Environmental Quality Restricted Account in accordance with Subsection 19-1-108(5).
(3)
(a) The fund shall earn interest.
(b) Interest earned on fund money shall be deposited into the fund.
(4) The executive director may use fund money to:
(a) take emergency action as provided in Sections 19-6-309 and 19-6-310;
(b) conduct remedial investigations as provided in Sections 19-6-314 through 19-6-316;
(c) pay the amount required by the federal government as the state's portion of the cost of cleanups under authority of CERCLA, as appropriated by the Legislature for that purpose; and
(d) pay the amount required by the federal government as the state's portion of the cost of cleanups under 42 U.S.C. Sec. 6991 et seq., the Leaking Underground Storage Tank Trust Fund, as appropriated by the Legislature for that purpose.
Amended by Chapter 336, 2022 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 3 - Hazardous Substances Mitigation Act › Section 308 - Hazardous Substances Mitigation Fund -- Prohibited uses.

Affected by 63I-1-219 on 7/1/2030
19-6-308.
Hazardous Substances Mitigation Fund -- Prohibited uses.
The executive director may not use fund money to pay for:
(1) property damage or bodily injury resulting from a hazardous material or substance release; or
(2) property damage or bodily injury resulting from remedial studies or abatement action taken to address a hazardous material or substance release.
Renumbered and Amended by Chapter 112, 1991 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 3 - Hazardous Substances Mitigation Act › Section 309 - Emergency provisions.

Affected by 63I-1-219 on 7/1/2030
19-6-309.
Emergency provisions.
(1)
(a) If the executive director has reason to believe any hazardous materials release that occurred after March 18, 1985, is presenting a direct and immediate threat to public health or the environment, the executive director may:
(i) issue an order requiring the owner or operator of the facility to take abatement action within the time specified in the order; or
(ii) bring suit on behalf of the state in the district court to require the owner or operator to take immediate abatement action.
(b) If the executive director determines the owner or operator cannot be located or is unwilling or unable to take abatement action, the executive director may:
(i) reach an agreement with one or more potentially responsible parties to take abatement action; or
(ii) use fund money to investigate the release and take abatement action.
(2) The executive director may use money from the fund created in Section 19-6-307:
(a) for abatement action even if an adjudicative proceeding or judicial review challenging an order or a decision to take abatement action is pending; and
(b) to investigate a suspected hazardous materials release if he has reason to believe the release may present a direct and immediate threat to public health.
(3) This section takes precedence over any conflicting provision in this part.
Amended by Chapter 30, 1992 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 3 - Hazardous Substances Mitigation Act › Section 311 - Hazardous substances priority list.

Affected by 63I-1-219 on 7/1/2030
19-6-311.
Hazardous substances priority list.
(1) The executive director shall develop and, as frequently as is necessary, revise a hazardous substances priority list by making a rule that:
(a) identifies separately national priority list sites, proposed national priority list sites, and scored sites that pose a significant threat to the public health or the environment; and
(b) declares those sites to be eligible to be addressed under the authority granted by this part.
(2) The executive director may not spend fund money or use the authority granted by this part to address any facilities containing hazardous substances that are not on the hazardous substances priority list.
(3) The executive director shall remove facilities from the hazardous substances priority list when appropriate.
Renumbered and Amended by Chapter 112, 1991 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 3 - Hazardous Substances Mitigation Act › Section 312 - Preinvestigation requirements.

Affected by 63I-1-219 on 7/1/2030
19-6-312.
Preinvestigation requirements.
Before undertaking any remedial investigations on a facility on the hazardous substances priority list, the executive director shall make reasonable attempts to:
(1) identify potentially responsible parties for each facility; and
(2) send written notice to each potentially responsible party informing him of his potential responsibility.
Renumbered and Amended by Chapter 112, 1991 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 3 - Hazardous Substances Mitigation Act › Section 313 - Priority of other statutes.

Affected by 63I-1-219 on 7/1/2030
19-6-313.
Priority of other statutes.
The executive director may not spend fund money or take action under authority of Sections 19-6-314 through 19-6-320 to address hazardous substances on any facility listed on the hazardous substances priority list if the facility can be cleaned up under any other state statute.
Renumbered and Amended by Chapter 112, 1991 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 3 - Hazardous Substances Mitigation Act › Section 314 - Remedial investigations of priority list sites -- Parties involved -- Powers of the executive director.

Affected by 63I-1-219 on 7/1/2030
19-6-314.
Remedial investigations of priority list sites -- Parties involved -- Powers of the executive director.
(1) All remedial investigations conducted under the authority of this section shall:
(a) meet the substantive requirements of CERCLA;
(b) follow procedures established by the National Contingency Plan to avoid inconsistent state and federal action; and
(c) include recommendations for remedial action.
(2)
(a) After determining that a hazardous substance release is occurring from a national priority list site or proposed national priority list site, and identifying responsible parties under Section 19-6-312, the executive director shall make reasonable efforts to reach an agreement with the identified responsible parties to conduct a remedial investigation.
(b) The executive director may define in the agreement the scope of the remedial investigation, the form of the report, and the time limits for completion of the investigation.
(c) If any responsible party fails to perform as required under an agreement entered under the authority of this section, the executive director may take action to enforce the agreement.
(3)
(a) If the executive director is unable to reach an agreement with one or more responsible parties to perform a remedial investigation, the executive director may issue an order directing one or more responsible parties to perform the remedial investigation.
(b) The executive director may define in the order the scope of the remedial investigation, the form of the report, and the time limits for completion of the remedial investigation.
(4)
(a) If the executive director is unable to obtain an agreement with one or more responsible parties to perform a remedial investigation, chooses not to order any responsible party to perform the remedial investigation, or determines that the remedial investigation performed by a responsible party does not meet the substantive requirements of CERCLA, he may direct the department to conduct or correct the remedial investigation.
(b) The executive director may recover the costs incurred in conducting a remedial investigation from responsible parties according to the standards contained in Section 19-6-316.
Renumbered and Amended by Chapter 112, 1991 General Session