reglab/statecodes huggingface dataset:
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 4 - Public Infrastructure District Act › Part 1 - General Provisions › Section 103 - Provisions applicable to public infrastructure districts.

Effective 2/27/2023
17D-4-103.
Provisions applicable to public infrastructure districts.
(1) Each public infrastructure district is governed by and has the powers stated in:
(a) this chapter; and
(b)Title 17B, Chapter 1, Provisions Applicable to All Special Districts.
(2) This chapter applies only to a public infrastructure district.
(3) Except as modified or exempted by this chapter, a public infrastructure district is, to the same extent as if the public infrastructure district were a special district, subject to the provisions in:
(a)Title 17B, Chapter 1, Provisions Applicable to All Special Districts; and
(b)Title 20A, Election Code.
(4) If there is a conflict between a provision in Title 17B, Chapter 1, Provisions Applicable to All Special Districts, and a provision in this chapter, the provision in this chapter supersedes the conflicting provision in Title 17B, Chapter 1, Provisions Applicable to All Special Districts.
(5) The annexation of an unincorporated area by a municipality or the adjustment of a boundary shared by more than one municipality does not affect the boundaries of a public infrastructure district.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 4 - Public Infrastructure District Act › Part 2 - Creation, Governance, and Powers of a Public Infrastructure District › Section 203 - Public infrastructure district powers.

Effective 3/14/2023
17D-4-203.
Public infrastructure district powers.
A public infrastructure district:
(1) has all of the authority conferred upon a special district under Section 17B-1-103; and
(2) may:
(a) issue negotiable bonds to pay:
(i) all or part of the costs of acquiring, acquiring an interest in, improving, or extending any of the improvements, facilities, or property allowed under Section 11-14-103;
(ii) capital costs of improvements in an energy assessment area, as defined in Section 11-42a-102, and other related costs, against the funds that the public infrastructure district will receive because of an assessment in an energy assessment area, as defined in Section 11-42a-102;
(iii) public improvements related to the provision of housing;
(iv) capital costs related to public transportation;
(v) for a public infrastructure district created by a development authority, the cost of acquiring or financing public infrastructure and improvements; and
(vi) for a public infrastructure district that is a subsidiary of the Utah Inland Port Authority, the costs associated with a remediation project, as defined in Section 11-58-102;
(b) enter into an interlocal agreement in accordance with Title 11, Chapter 13, Interlocal Cooperation Act, provided that the interlocal agreement may not expand the powers of the public infrastructure district, within the limitations of Title 11, Chapter 13, Interlocal Cooperation Act, without the consent of the creating entity;
(c) acquire completed or partially completed improvements for fair market value as reasonably determined by:
(i) the board;
(ii) the creating entity, if required in the governing document; or
(iii) a surveyor or engineer that a public infrastructure district employs or engages to perform the necessary engineering services for and to supervise the construction or installation of the improvements;
(d) contract with the creating entity for the creating entity to provide administrative services on behalf of the public infrastructure district, when agreed to by both parties, in order to achieve cost savings and economic efficiencies, at the discretion of the creating entity; and
(e) for a public infrastructure district created by a development authority:
(i)
(A) operate and maintain public infrastructure and improvements the district acquires or finances; and
(B) use fees, assessments, or taxes to pay for the operation and maintenance of those public infrastructure and improvements; and
(ii) issue bonds under Title 11, Chapter 42, Assessment Area Act; and
(f) for a public infrastructure district that is a subsidiary of the Utah Inland Port Authority, pay for costs associated with a remediation project, as defined in Section 11-58-102, of the Utah Inland Port Authority.
Amended by Chapter 15, 2023 General Session
Amended by Chapter 259, 2023 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 4 - Public Infrastructure District Act › Part 2 - Creation, Governance, and Powers of a Public Infrastructure District › Section 204 - Relation to other local entities.

Effective 2/27/2023
17D-4-204.
Relation to other local entities.
(1) Notwithstanding the creation of a public infrastructure district, the creating entity and any other public entity, as applicable, retains all of the entity's authority over all zoning, planning, design specifications and approvals, and permitting within the public infrastructure district.
(2) The inclusion of property within the boundaries of a public infrastructure district does not preclude the inclusion of the property within any other special district.
(3)
(a) All infrastructure that is connected to another public entity's system:
(i) belongs to that public entity, regardless of inclusion within the boundaries of a public infrastructure district, unless the public infrastructure district and the public entity otherwise agree; and
(ii) shall comply with the design, inspection requirements, and other standards of the public entity.
(b) A public infrastructure district shall convey or transfer the infrastructure described in Subsection (3)(a) free of liens or financial encumbrances to the public entity at no cost to the public entity.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 4 - Public Infrastructure District Act › Part 2 - Creation, Governance, and Powers of a Public Infrastructure District › Section 205 - Transparency.

Effective 5/5/2021
17D-4-205.
Transparency.
A public infrastructure district shall file annual reports with the creating entity regarding the public infrastructure district's actions as provided in the governing document.
Renumbered and Amended by Chapter 314, 2021 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 4 - Public Infrastructure District Act › Part 3 - Bond Issuance, Fee Collection, and Property Tax Levy Authority for a Public Infrastructure District › Section 302 - Fees.

Effective 5/5/2021
17D-4-302.
Fees.
A public infrastructure district may charge a fee or other charge for an administrative service that the public infrastructure district provides, to pay some or all of the public infrastructure district's:
(1) costs of acquiring, improving, or extending improvements, facilities, or property; or
(2) costs associated with the enforcement of a legal remedy.
Renumbered and Amended by Chapter 314, 2021 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 4 - Public Infrastructure District Act › Part 3 - Bond Issuance, Fee Collection, and Property Tax Levy Authority for a Public Infrastructure District › Section 303 - Limits on public infrastructure district property tax levy -- Notice requirements.

Effective 5/5/2021
17D-4-303.
Limits on public infrastructure district property tax levy -- Notice requirements.
(1) The property tax levy of a public infrastructure district, for all purposes, including payment of debt service on limited tax bonds, may not exceed .015 per dollar of taxable value of taxable property in the district.
(2) The limitation described in Subsection (1) does not apply to the levy by the public infrastructure district to pay principal of and interest on a general obligation bond that the public infrastructure district issues.
(3)
(a) Within 30 days after the day on which the lieutenant governor issues a certificate of incorporation under Section 67-1a-6.5, the board shall record a notice with the recorder of the county in which property within the public infrastructure district is located.
(b) The notice described in Subsection (3)(a) shall:
(i) contain a description of the boundaries of the public infrastructure district;
(ii) state that a copy of the governing document is on file at the office of the creating entity;
(iii) state that the public infrastructure district may finance and repay infrastructure and other improvements through the levy of a property tax; and
(iv) state the maximum rate that the public infrastructure district may levy.
Renumbered and Amended by Chapter 314, 2021 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 4 - Public Infrastructure District Act › Part 3 - Bond Issuance, Fee Collection, and Property Tax Levy Authority for a Public Infrastructure District › Section 304 - Property tax penalty for nonpayment.

Effective 5/5/2021
17D-4-304.
Property tax penalty for nonpayment.
In the event of nonpayment of any tax, fee, or charge that a public infrastructure district imposes, the public infrastructure district may impose a property tax penalty at an annual rate of .07, in addition to any other lawful penalty for nonpayment of property tax.
Renumbered and Amended by Chapter 314, 2021 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 4 - Public Infrastructure District Act › Part 3 - Bond Issuance, Fee Collection, and Property Tax Levy Authority for a Public Infrastructure District › Section 305 - Action to contest tax, fee, or proceeding -- Requirements -- Exclusive remedy -- Bonds, taxes, and fees incontestable.

Effective 5/5/2021
17D-4-305.
Action to contest tax, fee, or proceeding -- Requirements -- Exclusive remedy -- Bonds, taxes, and fees incontestable.
(1) A person who contests a tax or fee or any proceeding to create a public infrastructure district, levy a tax, or impose a fee may bring a civil action against the public infrastructure district or the creating entity to:
(a) set aside the proceeding; or
(b) enjoin the levy, imposition, or collection of a tax or fee.
(2) The person bringing an action described in Subsection (1):
(a) shall bring the action in the district court with jurisdiction in the county in which the public infrastructure district is located; and
(b) may not bring the action against or serve a summons relating to the action on the public infrastructure district more than 30 days after the effective date of the:
(i) creation of the public infrastructure district, if the challenge is to the creation of the public infrastructure district; or
(ii) tax or fee, if the challenge is to a tax or fee.
(3) An action under Subsection (1) is the exclusive remedy of a person who:
(a) claims an error or irregularity in a tax or fee or in any proceeding to create a public infrastructure district, levy a tax, or impose a fee; or
(b) challenges a bondholder's right to repayment.
(4) After the expiration of the 30-day period described in Subsection (2)(b):
(a) a bond issued or to be issued with respect to a public infrastructure district and any tax levied or fee imposed becomes incontestable against any person who has not brought an action and served a summons in accordance with this section;
(b) a person may not bring a suit to:
(i) enjoin the issuance or payment of a bond or the levy, imposition, collection, or enforcement of a tax or fee; or
(ii) attack or question in any way the legality of a bond, tax, or fee; and
(c) a court may not inquire into the matters described in Subsection (4)(b).
(5)
(a) This section does not insulate a public infrastructure district from a claim of misuse of funds after the expiration of the 30-day period described in Subsection (2)(b).
(b)
(i) Except as provided in Subsection (5)(b)(ii), an action in the nature of mandamus is the sole form of relief available to a party challenging the misuse of funds.
(ii) The limitation in Subsection (5)(b)(i) does not prohibit the filing of criminal charges against or the prosecution of a party for the misuse of funds.
Renumbered and Amended by Chapter 314, 2021 General Session
2023 Utah Code › Title 18 - Dogs › Chapter 1 - Injuries by Dogs › Section 1 - Liability and damages for dog injury -- Exceptions.

Effective 5/5/2021
18-1-1.
Liability and damages for dog injury -- Exceptions.
(1)
(a) Except as provided in Subsections (2) and (3), a person who owns or keeps a dog is liable for an injury caused by the dog, regardless of whether:
(i) the dog is vicious or mischievous; or
(ii) the owner knows the dog is vicious or mischievous.
(b) Damages for an injury described in Subsection (1)(a) shall be determined in accordance with Section 78B-5-818.
(2) Neither the state nor any county, city, metro township, or town in the state nor any peace officer employed by the state, a county, a city, a metro township, or a town shall be liable in damages for an injury caused by a dog, if:
(a) the dog and the dog's law enforcement handler are trained to assist in law enforcement and are certified according to the standards adopted in Title 53, Chapter 6, Part 4, Law Enforcement Canine Team Certification Act;
(b) the governmental agency has adopted a written policy on the necessary and appropriate use of dogs in official law enforcement duties;
(c) the actions of the dog's handler do not violate the agency's written policy; and
(d) the injury occurs while the dog is reasonably and carefully being used in the apprehension, arrest, or location of a suspected offender or in maintaining or controlling the public order.
(3) A person who owns or keeps a dog is not liable for an injury or death caused by the dog if:
(a) the injury or death is to another animal;
(b) the injury or death occurs:
(i) on the person's private property; and
(ii) while the dog is reasonably secured within a fence or other enclosure; and
(c) the animal described in Subsection (3)(a) entered the person's private property without consent.
Amended by Chapter 201, 2021 General Session
Amended by Chapter 257, 2021 General Session
2023 Utah Code › Title 18 - Dogs › Chapter 1 - Injuries by Dogs › Section 2 - Dogs acting together -- Actions -- Parties -- Judgment.

18-1-2.
Dogs acting together -- Actions -- Parties -- Judgment.
Where any injury has been committed by two or more dogs acting together and such dogs are owned or kept by different persons, all such persons may be joined as defendants in the same action to recover damages therefor, and the amount found by the court or jury as damages for such injury shall be apportioned among the several defendants found liable and judgment shall be entered severally against them for the amount so apportioned.
No Change Since 1953
2023 Utah Code › Title 18 - Dogs › Chapter 1 - Injuries by Dogs › Section 3 - Dogs attacking domestic animals, service animals, hoofed protected wildlife, or domestic fowls.

Effective 5/3/2023
18-1-3.
Dogs attacking domestic animals, service animals, hoofed protected wildlife, or domestic fowls.
Any person may injure or kill a dog while:
(1) the dog is attacking, chasing, or worrying:
(a) a domestic animal having a commercial value;
(b) a service animal, as defined in Section 26B-6-801; or
(c) any species of hoofed protected wildlife;
(2) the dog is attacking domestic fowls; or
(3) the dog is being pursued for committing an act described in Subsection (1) or (2).
Amended by Chapter 327, 2023 General Session
2023 Utah Code › Title 18 - Dogs › Chapter 2 - Municipal Regulation › Section 101 - Regulation of dogs by a municipality.

Effective 1/1/2015
18-2-101.
Regulation of dogs by a municipality.
(1) A municipality may not adopt or enforce a breed-specific rule, regulation, policy, or ordinance regarding dogs.
(2) Any breed-specific rule, regulation, policy, or ordinance regarding dogs is void.
Enacted by Chapter 424, 2014 General Session
Technically renumbered for proper placement in title.
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 1 - General Provisions › Part 1 - Organization › Section 102 - Purposes.

19-1-102.
Purposes.
The purpose of this title is to:
(1) clarify the powers and duties of the Department of Environmental Quality in relationship to local health departments;
(2) provide effective, coordinated management of state environmental concerns;
(3) safeguard public health and quality of life by protecting and improving environmental quality while considering the benefits to public health, the impacts on economic development, property, wildlife, tourism, business, agriculture, forests, and other interests, and the costs to the public and to industry; and
(4)
(a) strengthen local health departments' environmental programs;
(b) build consensus among the public, industry, and local governments in developing environmental protection goals; and
(c) appropriately balance the need for environmental protection with the need for economic and industrial development.
Enacted by Chapter 112, 1991 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 1 - General Provisions › Part 1 - Organization › Section 103 - Definitions.

19-1-103.
Definitions.
As used in this title:
(1) "Department" means the Department of Environmental Quality.
(2) "Executive director" means the executive director of the department appointed pursuant to Section 19-1-104.
(3) "Local health department" means a local health department as defined in Title 26A, Chapter 1, Part 1, Local Health Department Act.
(4) "Person" means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state.
Enacted by Chapter 112, 1991 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 1 - General Provisions › Part 1 - Organization › Section 104 - Creation of department -- Appointment of executive director.

Effective 5/12/2020
19-1-104.
Creation of department -- Appointment of executive director.
(1) There is created within state government the Department of Environmental Quality. The department shall be administered by an executive director.
(2) The executive director shall be appointed by the governor with the advice and consent of the Senate and shall serve at the pleasure of the governor.
(3) The executive director shall have demonstrated the necessary administrative and professional ability through education and experience to efficiently and effectively manage the department's affairs.
(4) The Legislature shall fix the compensation of the executive director in accordance with Title 67, Chapter 22, State Officer Compensation.
Amended by Chapter 352, 2020 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 1 - General Provisions › Part 1 - Organization › Section 105 - Divisions of department -- Control by division directors.

Effective 7/1/2015
19-1-105.
Divisions of department -- Control by division directors.
(1) The following divisions are created within the department:
(a) the Division of Air Quality, to administer Title 19, Chapter 2, Air Conservation Act;
(b) the Division of Drinking Water, to administer Title 19, Chapter 4, Safe Drinking Water Act;
(c) the Division of Environmental Response and Remediation, to administer:
(i)Title 19, Chapter 6, Part 3, Hazardous Substances Mitigation Act; and
(ii)Title 19, Chapter 6, Part 4, Underground Storage Tank Act;
(d) the Division of Waste Management and Radiation Control, to administer:
(i)Title 19, Chapter 3, Radiation Control Act;
(ii)Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act;
(iii)Title 19, Chapter 6, Part 2, Hazardous Waste Facility Siting Act;
(iv)Title 19, Chapter 6, Part 5, Solid Waste Management Act;
(v)Title 19, Chapter 6, Part 6, Lead Acid Battery Disposal;
(vi)Title 19, Chapter 6, Part 7, Used Oil Management Act;
(vii)Title 19, Chapter 6, Part 8, Waste Tire Recycling Act;
(viii)Title 19, Chapter 6, Part 10, Mercury Switch Removal Act;
(ix)Title 19, Chapter 6, Part 11, Industrial Byproduct Reuse; and
(x)Title 19, Chapter 6, Part 12, Disposal of Electronic Waste Program; and
(e) the Division of Water Quality, to administer Title 19, Chapter 5, Water Quality Act.
(2) Each division is under the immediate direction and control of a division director appointed by the executive director.
(3)
(a) A division director shall possess the administrative skills and training necessary to perform the duties of division director.
(b) A division director shall hold one of the following degrees from an accredited college or university:
(i) a four-year degree in physical or biological science or engineering;
(ii) a related degree; or
(iii) a degree in law.
(4) The executive director may remove a division director at will.
(5) A division director shall serve as the executive secretary to the policymaking board, created in Section 19-1-106, that has rulemaking authority over the division director's division.
Amended by Chapter 451, 2015 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 1 - General Provisions › Part 1 - Organization › Section 106 - Boards within department.

Effective 1/1/2021
19-1-106.
Boards within department.
(1) The following policymaking boards are created within the department:
(a) the Air Quality Board, appointed under Section 19-2-103;
(b) the Drinking Water Board, appointed under Section 19-4-103;
(c) the Water Quality Board, appointed under Section 19-5-103; and
(d) the Waste Management and Radiation Control Board, appointed under Section 19-6-103.
(2) The authority of the boards created in Subsection (1) is limited to the specific authority granted them under this title.
(3) A vacancy that occurs during an expired term in a board described in Subsection (1) shall be filled in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
Amended by Chapter 256, 2020 General Session
Amended by Chapter 373, 2020 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 1 - General Provisions › Part 1 - Organization › Section 109 - Clean Air Support Restricted Account.

Affected by 63I-2-219 on 7/1/2024
Effective 10/15/2020
19-1-109.
Clean Air Support Restricted Account.
(1) There is created in the General Fund a restricted account known as the "Clean Air Support Restricted Account."
(2) The account shall be funded by:
(a) contributions deposited into the account in accordance with Section 41-1a-422;
(b) private contributions; and
(c) donations or grants from public or private entities.
(3)
(a) The state treasurer shall invest money in the account according to Title 51, Chapter 7, State Money Management Act.
(b) The Division of Finance shall deposit interest or other earnings derived from investment of account money into the account.
(4) Subject to appropriation, the department shall distribute the money in the account to one or more organizations that:
(a) are tax exempt under Section 501(c)(3), Internal Revenue Code; and
(b) have as part of the organization's mission:
(i) to encourage and educate the public about simple changes to improve air quality in the state;
(ii) to provide grants to organizations or individuals with innovative ideas to reduce emissions; and
(iii) to partner with other organizations to strengthen efforts to improve air quality.
(5) The department may also expend funds in the account to pay the costs of issuing or reordering Clean Air Support special group license plate decals.
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules providing procedures for an organization to apply to receive money under this section.
Enacted by Chapter 322, 2020 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 1 - General Provisions › Part 2 - Powers › Section 203 - Representatives of department authorized to enter regulated premises.

19-1-203.
Representatives of department authorized to enter regulated premises.
(1) Authorized representatives of the department, upon presentation of appropriate credentials, may enter at reasonable times upon the premises of properties regulated under this title to perform inspections to insure compliance with rules made by the department.
(2) The inspection authority provided in this section does not apply to chapters in this title which provide for specific inspection procedures and authority.
Enacted by Chapter 112, 1991 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 1 - General Provisions › Part 2 - Powers › Section 204 - Legal advice and representation for department.

19-1-204.
Legal advice and representation for department.
(1) The attorney general is the legal adviser for the department and the executive director and shall defend them in all actions and proceedings brought against either of them.
(2) The attorney general or the county attorney of the county in which a cause of action arises or a public offense occurs shall bring any civil or criminal action requested by the executive director or any board created in Section 19-1-106 to abate a condition which exists in violation of, or to prosecute for the violation of or for the enforcement of, the laws or standards, orders, and rules of the department.
Enacted by Chapter 112, 1991 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 1 - General Provisions › Part 2 - Powers › Section 205 - Assumption of responsibilities.

Effective 5/3/2023
19-1-205.
Assumption of responsibilities.
The department assumes all the policymaking functions, regulatory and enforcement powers, rights, duties, and responsibilities of the Division of Environmental Health, the Air Conservation Committee, the Solid and Hazardous Waste Committee, the Utah Safe Drinking Water Committee, and the Water Pollution Control Committee previously vested in the Department of Health and Human Services and its executive director:
(1) including programs for individual wastewater disposal systems, liquid scavenger operations, and vault and earthen pit privies; but
(2) excluding all other sanitation programs, which shall be administered by the Department of Health and Human Services.
Amended by Chapter 327, 2023 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 1 - General Provisions › Part 2 - Powers › Section 207 - Regulatory certainty to support economic recovery.

Effective 5/4/2022
19-1-207.
Regulatory certainty to support economic recovery.
(1) On or before June 30, 2021, the Air Quality Board or the Water Quality Board may not make, amend, or repeal a rule related to air or water quality pursuant to this title, if formal rulemaking was not initiated on or before July 1, 2020, unless the rule constitutes:
(a) a state rule related to a federally-delegated program;
(b) a rule mandated by statute to be made, amended, or repealed on or before July 1, 2020; or
(c) subject to Subsection (2), a rule that is necessary because failure to make, amend, or repeal the rule will:
(i) cause an imminent peril to the public health, safety, or welfare;
(ii) cause an imminent budget reduction because of budget restraints or federal requirements;
(iii) place the agency in violation of federal or state law; or
(iv) fail to provide regulatory relief.
(2) In addition to complying with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall report to the Administrative Rules Review and General Oversight Committee as to whether the need to act meets the requirements of Subsection (1)(c).
(3) On or after August 31, 2020, but on or before June 30, 2021, the Air Quality Board, Division of Air Quality, Water Quality Board, or Division of Water Quality may not impose a new fee or increase a fee related to air or water quality pursuant to this title or rules made under this title.
(4) Only the Legislature may extend the time limitations of this section.
(5) Notwithstanding the other provisions of this section, this section does not apply to a rule, fee, or fee increase to the extent that the rule, fee, or fee increase applies to an activity in a county of the first or second class.
(6) Notwithstanding the other provisions of this section, the agencies may engage with stakeholders in the process of discussing, developing, and drafting a rule, fee, or fee increase on or after July 1, 2020, but on or before June 30, 2021.
Amended by Chapter 443, 2022 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 1 - General Provisions › Part 3 - Administration › Section 302 - Violation of laws and orders unlawful.

19-1-302.
Violation of laws and orders unlawful.
It is unlawful for any person:
(1) to violate the provisions of the laws of this title or the terms of any order or rule issued under it; or
(2) to fail to remove or abate from private property under the person's control at his own expense within 48 hours, or such other reasonable time as the department determines, after being ordered to do so, any nuisance, source of filth, or other sanitation violation.
Enacted by Chapter 112, 1991 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 1 - General Provisions › Part 3 - Administration › Section 303 - Criminal and civil penalties -- Liability for violations.

19-1-303.
Criminal and civil penalties -- Liability for violations.
(1)
(a) Any person who violates any provision of this title or lawful orders or rules adopted under this title by the department shall:
(i) in a civil proceeding be assessed a penalty not to exceed the sum of $5,000; or
(ii) in a criminal proceeding:
(A) for the first violation, be guilty of a class B misdemeanor; and
(B) for a subsequent similar violation within two years, be guilty of a class A misdemeanor.
(b) In addition, a person is liable for any expense incurred by the department in removing or abating any violation.
(2) Assessment or conviction under this title does not relieve the person assessed or convicted from civil liability for any act which was also a violation of the public health laws.
(3) Each day of violation of this title or rules made by the department under it may be considered a separate violation.
(4) The enforcement procedures and penalties provided in Subsections (1) through (3) do not apply to chapters in this title which provide for other specific enforcement procedures and penalties.
(5) Unless otherwise specified in statute, the department shall deposit all civil penalties and fines imposed and collected under this title into the General Fund.
Amended by Chapter 324, 1995 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 1 - General Provisions › Part 3 - Administration › Section 304 - Principal and branch offices of department.

19-1-304.
Principal and branch offices of department.
(1) The principal office of the department shall be in Salt Lake County.
(2) The department may establish branch offices at other places in the state to furnish comprehensive and effective environmental programs and to coordinate with and assist local health officers.
Enacted by Chapter 112, 1991 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 1 - General Provisions › Part 3 - Administration › Section 305 - Administrative enforcement proceedings -- Tolling of limitation period.

19-1-305.
Administrative enforcement proceedings -- Tolling of limitation period.
Issuing a notice of a violation, an order, or a notice of agency action under this title tolls the running of the period of limitation for commencing a civil action to assess or collect a penalty until the sooner of:
(1) the day on which the notice of violation, order, or agency action becomes final under Title 63G, Chapter 4, Administrative Procedures Act; or
(2) three years from the day on which the department issues a notice or order described in this section.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 1 - General Provisions › Part 3 - Administration › Section 306 - Records of the department.

19-1-306.
Records of the department.
(1) Except as provided in this section, records of the department shall be subject to Title 63G, Chapter 2, Government Records Access and Management Act.
(2)
(a) The standards of the federal Freedom of Information Act, 5 U.S.C. Sec. 552, and not the standards of Subsections 63G-2-305(1) and (2), shall govern access to records of the department for which business confidentiality has been claimed under Section 63G-2-309, to the extent those records relate to a program:
(i) that is delegated, authorized, or for which primacy has been granted to the state;
(ii) for which the state is seeking delegation, authorization, or primacy; or
(iii) under the federal Comprehensive Environmental Response, Compensation, and Liability Act.
(b) The regulation of the United States Environmental Protection Agency interpreting the federal Freedom of Information Act, as it appeared at 40 C.F.R. Part 2 on January 1, 1992, shall also apply to the records described in Subsection (1).
(3)
(a) The department may, upon request, make trade secret and confidential business records available to the United States Environmental Protection Agency insofar as they relate to a delegated program, to a program for which the state is seeking delegation, or to a program under the federal Comprehensive Environmental Response, Compensation, and Liability Act.
(b) In the event a record is released to the United States Environmental Protection Agency under Subsection (3)(a), the department shall convey any claim of confidentiality to the United States Environmental Protection Agency and shall notify the person who submitted the information of its release.
(4) Trade secret and confidential business records under Subsection (2) shall be managed as protected records under the Government Records Access and Management Act, and all provisions of that act shall apply except Subsections 63G-2-305(1) and (2).
(5) Records obtained from the United States Environmental Protection Agency and requested by that agency to be kept confidential shall be managed as protected records under the Government Records Access and Management Act, and all provisions of that act shall apply except to the extent they conflict with this section.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 1 - General Provisions › Part 3 - Administration › Section 308 - Background checks for employees.

Effective 7/1/2021
19-1-308.
Background checks for employees.
(1) As used in this section, "bureau" means the Bureau of Criminal Identification created in Section 53-10-201.
(2) Beginning July 1, 2018, the department shall require all appointees and applicants for the following positions to submit to a fingerprint-based local, regional, and national criminal history background check and ongoing monitoring as a condition of employment:
(a) administrative services managers;
(b) financial analysts;
(c) financial managers; and
(d) schedule AB and AD employees, in accordance with Section 63A-17-301, in appointed positions.
(3) Each appointee or applicant for a position listed in Subsection (2) shall provide a completed fingerprint card to the department upon request.
(4) The department shall require that an individual required to submit to a background check under Subsection (3) provide a signed waiver on a form provided by the department that meets the requirements of Subsection 53-10-108(4).
(5) For a noncriminal justice background search and registration in accordance with Subsection 53-10-108(13), the department shall submit to the bureau:
(a) the applicant's personal identifying information and fingerprints for a criminal history search of applicable local, regional, and national databases; and
(b) a request for all information received as a result of the local, regional, and nationwide background check.
(6) The department is responsible for the payment of all fees required by Subsection 53-10-108(15) and any fees required to be submitted to the Federal Bureau of Investigation by the bureau.
(7) The department may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
(a) determine how the department will assess the employment status of an individual upon receipt of background information; and
(b) identify the appropriate privacy risk mitigation strategy to be used in accordance with Subsection 53-10-108(13)(b).
Amended by Chapter 345, 2021 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 1 - General Provisions › Part 4 - Clean Fuels and Emission Reduction Technology Program Act › Section 403.3 - Conversion to Alternative Fuel Grant Program Fund -- Contents -- Grants made with fund money.

Effective 5/10/2016
19-1-403.3.
Conversion to Alternative Fuel Grant Program Fund -- Contents -- Grants made with fund money.
(1)
(a) There is created an expendable special revenue fund known as the Conversion to Alternative Fuel Grant Program Fund.
(b) The fund consists of:
(i) appropriations to the fund;
(ii) other public and private contributions made under Subsection (1)(c);
(iii) fees established by the department, as described in Subsection (3)(a), and deposited into the fund; and
(iv) interest earnings on cash balances.
(c) The department may accept contributions from other public and private sources for deposit into the fund.
(2) The department may make a grant with money available in the fund to a person who installs conversion equipment on an eligible vehicle, as described in Sections 19-2-301 through 19-2-304.
(3) The department may:
(a) establish an application fee for a grant from the fund by following the procedures and requirements of Section 63J-1-504; and
(b) reimburse itself for the costs incurred in administering the fund from:
(i) the fund; or
(ii) application fees established under Subsection (3)(a).
(4)
(a) The fund balance may not exceed $10,000,000.
(b) Interest on cash balances in excess of the amount necessary to maintain the fund balance at $10,000,000 shall be deposited into the General Fund.
Enacted by Chapter 369, 2016 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 1 - General Provisions › Part 4 - Clean Fuels and Emission Reduction Technology Program Act › Section 404 - Department duties -- Rulemaking -- Loan repayment.

Effective 7/1/2022
19-1-404.
Department duties -- Rulemaking -- Loan repayment.
(1) The department shall:
(a) administer the fund created in Section 19-1-403 and the federal money described in Subsection 19-1-403(2) to encourage emission reductions through energy efficient building practices and the use and acquisition of clean vehicles; and
(b) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
(i) specifying the amount of money in the fund and federal money to be dedicated annually for grants;
(ii) limiting the number of motor vehicles per fleet operator that may be eligible for a grant in a year;
(iii) specifying criteria the department shall consider in prioritizing and awarding loans and grants;
(iv) specifying repayment periods;
(v) specifying procedures for:
(A) awarding loans and grants; and
(B) collecting loans; and
(vi) requiring loan and grant applicants to:
(A) apply on forms provided by the department;
(B) if the loan or grant is for a clean vehicle, agree in writing to use the clean fuel for which each clean vehicle is converted or purchased using loan or grant proceeds for a minimum of 70% of the vehicle miles traveled beginning from the time of conversion or purchase of the clean vehicle;
(C) if the loan or grant is for a clean vehicle, agree in writing to notify the department if a clean vehicle converted or purchased using loan or grant proceeds becomes inoperable through mechanical failure or accident and to pursue a remedy outlined in department rules;
(D) if the loan or grant is for a clean vehicle, provide reasonable data to the department on a clean vehicle converted or purchased with loan or grant proceeds; and
(E) if the loan or grant is for a clean vehicle, submit a clean vehicle converted or purchased with loan or grant proceeds to inspections by the department as required in department rules and as necessary for administration of the loan and grant program.
(2)
(a) When developing repayment schedules for the loans, the department shall consider the projected savings from use of the clean vehicle.
(b) A repayment schedule may not exceed 10 years.
(c) The department shall make a loan from the fund or federal money described in Subsection 19-1-403(2) for a private sector business vehicle at an interest rate equal to the annual return earned in the state treasurer's Public Treasurer's Pool as determined the month immediately preceding the closing date of the loan.
(d) The department shall make a loan from the fund or federal money described in Subsection 19-1-403(2) for a government vehicle with no interest rate.
(3) The Division of Finance shall:
(a) collect and account for the loans; and
(b) have custody of the loan documents, including notes and contracts, evidencing the indebtedness of the fund or federal money described in Subsection 19-1-403(2).
Amended by Chapter 100, 2022 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 1 - General Provisions › Part 4 - Clean Fuels and Emission Reduction Technology Program Act › Section 405 - Air Quality Board duties -- Rulemaking.

Effective 5/13/2014
19-1-405.
Air Quality Board duties -- Rulemaking.
(1) By following the procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Air Quality Board may make rules to:
(a) certify a motor vehicle on which conversion equipment has been installed if:
(i) before the installation of conversion equipment, the motor vehicle does not exceed the emission cut points for:
(A) a transient test driving cycle, as specified in 40 CFR 51, Appendix E to Subpart S; or
(B) an equivalent test for the make, model, and year of the motor vehicle; and
(ii) the motor vehicle's emissions of regulated pollutants, when operating with clean fuel, is less than the emissions were before the installation of conversion equipment;
(b) recognize a test or standard that demonstrates a reduction in emissions; or
(c) recognize a certification standard from another state.
(2) A reduction in emissions under Subsection (1)(a)(ii) is demonstrated by:
(a) certification of the conversion equipment by the federal Environmental Protection Agency or by a state whose certification standards are recognized by the Air Quality Board;
(b) testing the motor vehicle, before and after the installation of the conversion equipment, in accordance with 40 CFR 86, Control of Air Pollution from New and In-use Motor Vehicle Engines: Certification and Test Procedures, using all fuel the motor vehicle is capable of using; or
(c) any other test or standard recognized by the Air Quality Board in rule.
Amended by Chapter 295, 2014 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 1 - General Provisions › Part 4 - Clean Fuels and Emission Reduction Technology Program Act › Section 406 - Retrofit compressed natural gas vehicles -- Inspections, standards, and certification -- Compliance with other law -- Programs to coordinate.

19-1-406.
Retrofit compressed natural gas vehicles -- Inspections, standards, and certification -- Compliance with other law -- Programs to coordinate.
(1) An owner of a retrofit compressed natural gas vehicle that is retrofit on or after July 1, 2010, may not operate the retrofit compressed natural gas vehicle before the owner has the retrofit compressed natural gas vehicle:
(a) inspected and certified as safe in accordance with relevant standards, including the National Fire Protection Association 52 Vehicular Gaseous Fuel Systems Code, by a CSA America CNG Fuel System Inspector; and
(b) tested to ensure that the retrofit compressed natural gas vehicle satisfies the emissions standards:
(i) if any, for the county in which the retrofit compressed natural gas vehicle is registered; or
(ii) for the county in the state with the most lenient emissions standards, if the retrofit compressed natural gas vehicle is registered in a county with no emissions standards.
(2) A person who performs a retrofit on a retrofit compressed natural gas vehicle shall certify to the owner of the retrofit compressed natural gas vehicle that the retrofit does not tamper with, circumvent, or otherwise affect the vehicle's on-board diagnostic system, if any.
(3)
(a) After the owner of a retrofit compressed natural gas vehicle that is retrofit on or after July 1, 2010, has the retrofit compressed natural gas vehicle inspected under Subsection (1), the owner shall have the retrofit inspected for safety by a CSA America CNG Fuel System Inspector:
(i) the sooner of:
(A) every three years after the retrofit; or
(B) every 36,000 miles after the retrofit; and
(ii) after any collision occurring at a speed of greater than five miles per hour.
(b) An inspector at a state-required safety inspection shall verify that a retrofit compressed natural gas vehicle is inspected in accordance with Subsection (3)(a).
(4)
(a) The Division of Air Quality may develop programs to coordinate amongst government agencies and interested parties in the private sector to facilitate:
(i) testing to ensure compliance with emissions and anti-tampering standards established in this section or by federal law; and
(ii) the retrofitting of vehicles to operate on compressed natural gas vehicles in a manner that provides for:
(A) safety;
(B) compliance with applicable law; and
(C) potential improvement in the air quality of this state.
(b) In developing a program under this Subsection (4), the Division of Air Quality shall:
(i) allow for testing using equipment widely available within the state, if possible; and
(ii) consult with relevant federal, state, and local government agencies and other interested parties.
Enacted by Chapter 236, 2010 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 1 - General Provisions › Part 5 - Engine Coolant Bittering Agent Act › Section 502 - Definitions.

19-1-502.
Definitions.
(1) "Bittering agent" means an aversive agent that renders engine coolant unpalatable.
(2) "Engine coolant" means:
(a) a substance or preparation, regardless of its origin, used as the cooling medium in the cooling system of an internal combustion engine to provide protection against freezing, overheating, and corrosion of the cooling system; or
(b) a product that is labeled to indicate or imply that it will prevent freezing or overheating of the cooling system of an internal combustion engine.
Enacted by Chapter 170, 2010 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 1 - General Provisions › Part 5 - Engine Coolant Bittering Agent Act › Section 503 - Requirements for engine coolant sold in state.

19-1-503.
Requirements for engine coolant sold in state.
On or after January 1, 2011, a person may not sell engine coolant to a person in this state that is manufactured on or after January 1, 2011, if the engine coolant:
(1) contains more than 10% ethylene glycol; and
(2) does not contain:
(a) denatonium benzoate within the following amounts:
(i) a minimum of 30 parts per million; and
(ii) a maximum of 50 parts per million; or
(b) a similar bittering agent that renders the engine coolant unpalatable if it meets or exceeds the degree of aversion as compared to denatonium benzoate at a concentration of 30 parts per million.
Enacted by Chapter 170, 2010 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 1 - General Provisions › Part 5 - Engine Coolant Bittering Agent Act › Section 504 - Recordkeeping.

19-1-504.
Recordkeeping.
(1) A manufacturer or packager of engine coolant that sells the engine coolant to a person in this state shall maintain for at least three years a record of the following for a bittering agent used in the engine coolant in accordance with Section 19-1-503:
(a) the trade name;
(b) the scientific name; and
(c) the active ingredients.
(2) A manufacturer or packager shall make the information described in Subsection (1) available to the public upon request.
Enacted by Chapter 170, 2010 General Session