Title 19, Environmental Quality Code

19-3-105. Definitions -- Legislative and gubernatorial approval required for radioactive waste license -- Exceptions -- Application for new, renewed, or amended license. (1) As used in this section: (a) "Alternate feed material" has the same definition as provided in Section 59-2…

19-3-106. Fee for commercial radioactive waste disposal or treatment. (1)(a) An owner or operator of a commercial radioactive waste treatment or disposal facility that receives radioactive waste shall pay a fee as provided in Subsection (1)(b). (b)(i) On or after July 1, 2011, th…

19-3-106.2. Perpetual care and maintenance of commercial radioactive waste disposal facilities -- Radioactive Waste Perpetual Care and Maintenance Account created -- Contents -- Use of restricted account money -- Evaluation. (1) As used in this section, "perpetual care and mainte…

19-3-106.4. Generator site access permits. (1) A generator or broker may not transfer radioactive waste to a commercial radioactive waste treatment or disposal facility in the state without first obtaining a generator site access permit from the director. (2) The director may gra…

19-3-107. State radioactive waste plan. (1) The board shall prepare a state plan for management of radioactive waste by July 1, 1993. (2) The plan shall: (a) provide an estimate of radioactive waste capacity needed in the state for the next 20 years; (b) assess the state's abilit…

19-3-108.1. Powers and duties of director. (1) The director shall, in connection with this chapter and rules of the board adopted under this part: (a) develop programs to promote and protect the public from radiation sources in the state; (b) advise, consult, cooperate with, and …

19-3-109. Civil penalties -- Appeals -- Reimbursement for expenses. (1) A person who violates a provision of this part, a rule or order issued under the authority of this part, or the terms of a license, permit, or registration certificate issued under the authority of this part …

19-3-110. Criminal penalties. (1) Any person who knowingly violates any provision of Sections 19-3-104 through 19-3-113 or lawful orders or rules adopted by the department under those sections shall in a criminal proceeding: (a) for the first violation, be guilty of a class B mis…

19-3-111. Impounding of radioactive material. (1) The director may impound the radioactive material of any person if: (a) the material poses an imminent threat or danger to the public health or safety; or (b) that person is violating: (i) any provision of Sections 19-3-104 throug…

19-3-112. Notification by the department to certain persons of release of radiation from Nevada Test Site -- Notification to certain news outlets. (1) When informed by the United States Department of Energy of any release of radiation exceeding the Nuclear Regulatory Commission's…

19-3-113. Federal-state agreement regarding radiation control. (1) The governor, on behalf of the state, may enter into agreements with the federal government providing for discontinuation of the federal government's responsibilities with respect to sources of ionizing radiation …

19-3-201. Interstate Compact on Low-level Radioactive Waste -- Policy and purpose of compact. The party states recognize that low-level radioactive wastes are generated by essential activities and services that benefit the citizens of the states. It is further recognized that the…

19-3-201.1. Definitions. As used in this compact: (1) "Facility" means any site, location, structure, or property used or to be used for the storage, treatment, or disposal of low-level waste, excluding federal waste facilities. (2) "Generator" means any person, partnership, asso…

19-3-202. Practices of party states regarding low-level waste shipments -- Fees for inspections. (1) Each party state agrees to adopt practices which will require low-level waste shipments originating within its borders and destined for a facility within another party state to co…

19-3-203. Acceptance of low-level waste by facilities in party states -- Requirements for acceptance of waste generated outside region of party states -- Cooperation in determining site of facility required within region of party states -- Allowance of access to low-level waste a…

19-3-204. Governor to designate state official to administer compact -- Designated officials comprise northwest low-level waste compact committee -- Meetings of committee -- Duties relating to existing regulations -- Authority to make arrangements with entities outside region of …

19-3-205. Eligible party states -- Requirements regarding joinder and withdrawal from compact -- Consent of Congress. (1) Each of the following states is eligible to become a party to this compact: Alaska, Hawaii, Idaho, Montana, Oregon, Utah, Washington, and Wyoming. As to any e…

19-3-206. Direction to compact committee member. The Utah compact committee member designated under Section 19-3-204 may not bring to the committee for approval and shall vote to disapprove any arrangement under Subsection 19-3-204(4) for a facility to receive class B or class C …

19-3-301. Restrictions on nuclear waste placement in state. (1) The placement, including transfer, storage, decay in storage, treatment, or disposal, within the exterior boundaries of Utah of high-level nuclear waste or greater than class C radioactive waste is prohibited. (2) No…

19-3-302. Legislative assertions and findings. (1)(a) The state: (i) asserts a right and interest to prevent the placement of any high-level nuclear waste or greater than class C radioactive waste in Utah; and (ii) recognizes that high-level nuclear waste or greater than class C …

19-3-303. Definitions. As used in this part: (1) "Final judgment" means a final ruling or judgment, including any supporting opinion, that determines the rights of the parties and concerning which all appellate remedies have been exhausted or the time for appeal has expired. (2) …

19-3-304. Licensing and approval by governor and Legislature -- Powers and duties of the department. (1)(a) A person may not construct or operate a waste transfer, storage, decay in storage, treatment, or disposal facility within the exterior boundaries of the state without apply…

19-3-305. Application for license. The application for a construction and operating license shall contain information required by department rules, which shall include: (1) results of studies adequate to: (a) identify the presence of any groundwater aquifers in the area of the pr…

19-3-306. Information and findings required for approval by the department. The department may not issue a construction and operating license unless information in the application: (1) demonstrates the availability and adequacy of emergency services, including medical, security, …

19-3-307. Siting criteria. (1) The department may not issue a construction and operating license to any waste transfer, storage, decay in storage, treatment, or disposal facility unless the facility location meets the siting criteria under Subsection (2). (2) The facility may not…

19-3-308. Application fee and annual fees. (1)(a) Any application for a waste transfer, storage, decay in storage, treatment, or disposal facility shall be accompanied by an initial fee of $5,000,000. (b) The applicant shall subsequently pay an additional fee to cover the costs t…

19-3-309. Restricted accounts. (1) There is created within the General Fund a restricted account known as the "Nuclear Waste Facility Oversight Account" and referred to in this section as the "oversight account". (2)(a) The oversight account shall be funded from the fees imposed …

19-3-310. Benefits agreement. (1) The department may not issue a construction and operating license under this part unless the applicant has entered into a benefits agreement with the department which is sufficient to offset adverse environmental, public health, social, and econo…

19-3-311. Length of license. (1) Any construction and operating license shall be issued for a term established by department rule, but the term may not be longer than 20 years. (2) The term of the license may be extended beyond 20 years only by approval of the department, the Leg…

19-3-312. Enforcement -- Penalties. (1) When the department or the governor has probable cause to believe a person is violating or is about to violate any provision of this part, the department or the governor shall direct the state attorney general to apply to the appropriate co…

19-3-313. Reciprocity. Waste may not be transported into and transferred, stored, decayed in storage, treated, or disposed of in the state if the state of origin of the waste or the state in which the waste was generated prohibits or limits similar actions within its own boundari…

19-3-314. Local jurisdiction. This part does not preclude any political subdivision of the state from establishing additional requirements under applicable state and federal law.

19-3-315. Transportation requirements. (1) A person may not transport wastes in the state, including on highways, roads, rail, by air, or otherwise, without: (a) having received approval from the state Department of Transportation; and (b) having demonstrated compliance with rule…

19-3-316. Cost recovery. The owner or transporter or any person in possession of waste is liable, consistent with the provisions of federal law, for any expense, damages, or injury incurred by the state, its political subdivisions, or any person as a result of a release of the wa…

19-3-317. Severability. If any provision of this part is held to be invalid, unconstitutional, or otherwise held to be inconsistent with law, the remainder of this part is not affected and remains in full force.

19-3-318. No limitation of liability regarding businesses involved in high level radioactive waste. (1) As used in this section: (a) "Controlling interest" means: (i) the direct or indirect possession of the power to direct or cause the direction of the management and policies of…

19-3-319. State response to nuclear release and hazards. (1) The state finds that the placement of high-level nuclear waste inside the exterior boundaries of the state is an ultra-hazardous activity which may result in catastrophic economic and environmental damage and irreparabl…

19-3-321. Exemptions. This part does not apply to interim storage of nuclear waste if: (1) the waste: (a) is produced from a project authorized by the United States Department of Energy; (b) is from a test reactor; and (c) is produced at a facility owned by the state; and (2) the…