Title 19, Title 19: Environmental Quality Code

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 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 applying…

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: identify the presence of any groundwater aquifers in the area of the propos…

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) 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. The applicant shall subsequently pay an additional fee to cover the costs to the s…

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) The oversight account shall be funded from the fees imposed and…

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: having received approval from the state Department of Transportation; and having demonstrated compliance with rules of the…

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: "Controlling interest" means: the direct or indirect possession of the power to direct or cause the direction of the management and policies of an orga…

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: is produced from a project authorized by the United States Department of Energy; is from a test reactor; and is produced at a facility owned by the state; and (2) the project des…

19-4-102. Definitions. As used in this chapter: (1) "Board" means the Drinking Water Board appointed under Section. 19-4-103 (2) "Community water system" means a public water system that serves residents year-round. (3) "Contaminant" means a physical, chemical, biological, or rad…

19-4-103. Drinking Water Board -- Members -- Organization -- Meetings -- Per diem and expenses. (1) The board consists of the following nine members: the following non-voting member, except that the member may vote to break a tie vote between the voting members: the executive dir…

19-4-104. Powers of board. (1) The board may make rules in accordance with: Title 63G, Chapter 3, Utah Administrative Rulemaking Act establishing standards that prescribe the maximum contaminant levels in a public water system and provide for monitoring, record-keeping, and repor…

19-4-105. Rulemaking authority and procedure. (1) Except as provided in Subsection, no rule which the board makes for the purpose of the state administering a program under the federal Safe Drinking Water Act may be more stringent than the corresponding federal regulations which …

19-4-106. Director -- Appointment -- Authority -- Duties. (1) The executive director shall appoint the director. The director shall serve under the administrative direction of the executive director. (2) The director shall: develop programs to promote and protect the quality of t…

19-4-107. Notice of violation -- Action by attorney general. (1) Upon discovery of any violation of this chapter or a rule of the board, the director shall promptly notify the supplier of the violation, state the nature of the violation, and issue an order requiring correction of…

19-4-108. Supplier -- Variance or exemption -- Failure to comply -- Violation of chapter -- Public notice. When a supplier has a variance or exemption granted, has failed to comply with the terms of a variance or exemption, or has been finally determined to have committed a viola…

19-4-109. Violations -- Penalties -- Reimbursement for expenses. (1) As used in this section: "Criminal negligence" means the same as that term is defined in Section. 76-2-103 "Receiver" means an individual appointed by the court as the court's agent to take possession of, manage…

19-4-110. Local jurisdiction over water supply systems. Nothing in this chapter alters the authority of local jurisdictions to control water supply systems within the local jurisdiction provided that any local laws, ordinances, or rules and regulations are not inconsistent with t…

19-4-111. Prohibition of fluoride in public water systems. (1) As used in this section, "fluoride" means a chemical compound that contains the fluoride ion and is used to fluoridate drinking water, including: fluorosilicic acid; sodium fluorosilicate; or sodium fluoride. (2) A pe…

19-4-112. Limit on authority of department and board to control irrigation facilities -- Precautions relating to nonpotable water systems. (1) Except as provided in this section and in Section, nothing contained in this chapter authorizes the department or board to: 19-5-104 exer…

19-4-113. Water source protection ordinance. (1) As used in this section, "municipality" means the same as that term is defined in Section. 10-1-104 (2) Before May 3, 2010, a first or second class county shall: adopt an ordinance in compliance with this section after: considering…

19-4-114. Source and storage minimum sizing requirements for public water systems. (1) Except as provided in Subsection, upon submission of plans for a substantial addition to or alteration of a community water system, the director shall establish system-specific source and stora…

19-4-115. Drinking water quality in schools and child care centers. (1) As used in this section: "Action level" means a lead concentration equal to five parts per billion. "Certified laboratory" means a laboratory certified by the Department of Health and Human Services that anal…

19-4-116. Fee schedule -- Exemption -- Report -- Monitoring of fees. (1) The department shall establish a fee schedule for the regulation of public water systems in the state in accordance with Section. 63J-1-504 To create the fee schedule described in Subsection, the department …

19-4-117. Emergency response plan required for community water systems -- Requirements -- Report. (1) As used in this section: "Authorized employee" means an employee of a community water system authorized to access: an operational technology; a control system; or a secure area. …

19-5-102. Definitions. As used in this chapter: (1) "Agriculture discharge": means the release of agriculture water from the property of a farm, ranch, or feed lot that: pollutes a surface body of water, including a stream, lake, pond, marshland, watercourse, waterway, river, dit…

19-5-103. Water Quality Board -- Members of board -- Appointment -- Terms -- Organization -- Meetings -- Per diem and expenses. (1) The board consists of the following nine members: the following non-voting member, except that the member may vote to break a tie vote between the v…

19-5-104. Powers and duties of board. (1) In accordance with, the board may make rules that: Title 63G, Chapter 3, Utah Administrative Rulemaking Act taking into account Subsection: (6) implement the awarding of construction loans to political subdivisions and municipal authoriti…

19-5-104.5. Legislative review and approval. (1) Before sending a total maximum daily load and implementation strategy to the EPA for review and approval, the Water Quality Board shall submit the total maximum daily load: for review to the Natural Resources, Agriculture, and Envi…

19-5-105. Rulemaking authority and procedure. (1) Except as provided in Subsections (2) and (3), no rule that the board makes for the purpose of the state administering a program under the federal Clean Water Act or the federal Safe Drinking Water Act may be more stringent than t…

19-5-105.3. Independent peer review of a proposal. (1) As used in this section: "Challenging party" means a person who has or is seeking a permit in accordance with this chapter and chooses to use the independent peer review process described in this section to challenge a propos…

19-5-105.5. Agriculture water. (1) The board shall draft any rules relating to agriculture water in cooperation with the commission. The commission shall advise the board before the board may adopt a rule relating to agriculture water. (2) A program or rule adopted by the board f…

19-5-106. Director -- Appointment -- Duties. (1) The executive director shall appoint the director. The director shall serve under the administrative direction of the executive director. (2) The director shall: develop programs for the prevention, control, and abatement of new or…

19-5-107. Discharge of pollutants unlawful -- Discharge permit required. (1) Except as provided in this chapter or rules made under it, it is unlawful for any person to discharge a pollutant into waters of the state or to cause pollution which constitutes a menace to public healt…

19-5-108. Discharge permits -- Requirements and procedure for issuance. (1) The board may make rules, in accordance with, for and require the submission of plans, specifications, and other information to the director in connection with the issuance of discharge permits. Title 63G…

19-5-108.3. Construction site storm water runoff control. (1) As used in this section: "Applicant" means a person that applies for an authorization to discharge under a construction storm water permit to conduct or propose to conduct a use of land for a construction site. "Applic…

19-5-108.5. Storm water permits. (1) As used in this section: "Applicant" means a person who is conducting or proposing to conduct a use of land and who a permittee requires or allows to use low impact development. "Independent review" is a review conducted: in accordance with th…