Title 19, Title 19: Environmental Quality Code

19-6-125. Incineration of medical waste. (1) Except as provided in Subsection, the division may not approve an operation plan or issue a permit for construction of a new facility that: (2) incinerates infectious waste or chemotherapeutic agents; and is located within a two-mile r…

19-6-1301. Definitions. As used in this part: (1) "Account" means the Solar Panel Waste Restricted Account created in Section. 19-6-1303 (2) "Board" means the Waste Management and Radiation Control Board created in Section. 19-1-106 (3) "Hazardous solar panel waste" means solar p…

19-6-1302. Powers and duties of board and director -- Rulemaking. (1) Except as otherwise provided in this chapter, the board shall make rules, beginning on July 1, 2028: to provide for: the appropriate method to perform a hazardous waste analysis of a solar panel described in Se…

19-6-1303. Solar Panel Waste Restricted Account -- Sources of funding -- Fund purpose. (1) There is created in the General Fund a restricted account known as the Solar Panel Waste Restricted Account. (2) The sources of money for the account include: appropriations from the Legisl…

19-6-1304. Distributed generation fee -- Deposit of revenue. (1) The division shall impose a fee on a small-scale solar entity installed on or after January 1, 2026, in an amount of: for a small-scale solar entity of 2 megawatts or less, $10 for each installed system; or for a sm…

19-6-1305. Hazardous waste analysis -- Records maintained by landfills, disposal sites, and recycling facilities. (1) Beginning on July 1, 2028, the division may require an owner or operator of a solar panel to complete, or cause to be completed, a hazardous waste analysis on a r…

19-6-1306. Solar panel waste disposal site -- Solar panel waste recycling facility -- Operator registration. (1) Beginning on July 1, 2028, a person may not place, discard, or otherwise dispose of solar panel waste in a landfill operated by a municipality, county, political subdi…

19-6-1307. Violations -- Civil penalty. (1) Any person that violates a requirement of this part or any order issued or rule made under the authority of this part is subject to a civil penalty of not more than $10,000 per day for each day of violation. (2) The director may enforce…

19-6-1308. Annual report. (1) Beginning July 1, 2028, the division shall submit a report, before November 30 of each year, to the: Public Utilities, Energy, and Technology Interim Committee; and Natural Resources, Agriculture, and Environment Interim Committee. (2) The report des…

19-6-1309. Solar panel recycling study -- Industry involvement -- Report. (1) As used in this section, "legislative committees" means: the Public Utilities, Energy, and Technology Interim Committee; and the Natural Resources, Agriculture, and Environment Interim Committee. (2) Th…

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…

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.

19-6-204. 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 locat…

19-6-205. Siting plan -- Procedure for adoption -- Review -- Effect. (1) After completion of the guidelines, the board shall prepare and publish a preliminary siting plan for the state. The preliminary siting plan is not final until adopted by the board in accordance with Subsect…

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…

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…

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 "p…

19-6-302. Definitions. As used in this part: (1) "Abatement action" means to take steps or contract with someone to take steps to eliminate or mitigate the direct or immediate threat to the public health or the environment caused by a hazardous materials release. "Abatement actio…

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…

19-6-303. Rulemaking provisions. The executive director may regulate hazardous substances releases by making rules in accordance with, consistent with the substantive requirements of CERCLA, to establish the requirements for remedial investigation studies and remedial action plan…

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: enter and inspect any property, premises, or place where the officer, employee, or representative has rea…

19-6-306. Civil penalty -- 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…

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: any voluntary contributions received for the c…

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 remed…

19-6-309. Emergency provisions. (1) 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: issue an order requ…

19-6-310. Apportionment of liability -- Liability agreements -- Legal remedies. (1) The executive director may recover only the proportionate share of costs of any investigation and abatement performed under Sectionand this section from each responsible party, as provided in this…

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: identifies separately national priority list sites, proposed national priority list sites,…

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 …

19-6-313. Priority of other statutes. The executive director may not spend fund money or take action under authority of Sectionsthroughto address hazardous substances on any facility listed on the hazardous substances priority list if the facility can be cleaned up under any othe…

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: meet the substantive requirements of CERCLA; follow procedures established by the…

19-6-315. Remedial investigations of scored sites -- Parties involved -- Powers of the executive director. (1) All remedial investigations conducted under the authority of this section shall: meet the substantive requirements of CERCLA; and include recommendations for remedial ac…

19-6-316. Liability for costs of remedial investigations -- Liability agreements. (1) The executive director may recover only a proportionate share of costs of any remedial investigation performed under Sectionsandfrom each responsible party, as provided in this section. 19-6-314…

19-6-317. Remedial investigation report -- Remedial action plan implementation -- Legal remedies. (1) Upon receipt of a remedial investigation report for a national priority list site, the executive director shall: review the report; provide a period for public comment; issue an …

19-6-318. Remedial action liability -- Liability agreements. (1) In apportioning responsibility for the remedial action in any administrative proceeding or judicial action under Sectionsand, the following standards apply: 19-6-317 19-6-319 liability shall be apportioned in propor…

19-6-319. Remedial action investigation report -- Remedial action plan implementation -- Enforcement provisions. (1) Upon receipt of a remedial action investigation report for a proposed national priority list site or a scored site, the executive director shall: review the report…

19-6-320. Remedial action completion procedures -- Legal remedies. (1) A party who has entered an agreement or who has been issued a final order under the authority of Sectionsthrough this section shall send notice to the executive director when the remedial action for the facili…

19-6-321. Construction with other state and federal laws -- Governmental immunity. (1) Except as provided in Subsection, nothing in this part affects or modifies in any way the obligations or liability of any person under a contract or any other provision of this part or state or…

19-6-322. Cooperative agreements with federal government -- Legislative findings. Due to the enactment of the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, PL 96-510, and recognizing the applicability of that act to the unauthorized or acci…

19-6-323. Department authority to enter cooperative agreements. The department, on behalf of the state, is authorized to undertake activities and enter into contracts and cooperative agreements with the federal Environmental Protection Agency as provided by the federal Comprehens…

19-6-325. Voluntary agreements -- Parties -- Funds -- Enforcement. (1) Under this part, and subject to Subsection (1)(b), the executive director may enter into a voluntary agreement with a responsible party providing for the responsible party to conduct an investigation or a clea…

19-6-326. Written assurances. (1) Based upon risk to human health or the environment from potential exposure to hazardous substances or materials, the executive director, or the executive director's designee, may issue enforceable written assurances to a bona fide prospective pur…

19-6-402. Definitions. As used in this part: (1) "Abatement action" means action taken to limit, reduce, mitigate, or eliminate: a release from a petroleum storage tank; or the damage caused by that release. (2) "Aboveground petroleum storage tank" means a storage tank that is, b…

19-6-402.5. Retroactive effect. (1) The Legislature finds the definitions in this part prior to the passage of this act did not clearly set forth procedures for identifying responsible parties and interfered with effective allocation of costs of cleanup as required by this part. …

19-6-403. Powers and duties of board. The board shall regulate a petroleum storage tank by: (1) in accordance with, making rules that: Title 63G, Chapter 3, Utah Administrative Rulemaking Act provide for the: certification of a petroleum storage tank installer, inspector, tester,…

19-6-404. Powers and duties of director. (1) The director shall: administer the petroleum storage tank program established in this part; and 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 c…

19-6-405.5. Creation of restricted account. (1) There is created in the General Fund a restricted account known as the "Petroleum Storage Tank Restricted Account," which for purposes of this section is referred to as the "account." (2) The penalties and interest imposed under thi…