Title 19, Title 19: Environmental Quality Code

19-6-410.5. Environmental assurance program -- Participant fee. (1) As used in this section: "Cash balance" means cash plus investments and current accounts receivable minus current accounts payable, excluding the liabilities estimated by the executive director. "Commission" mean…

19-6-411. Petroleum storage tank fee for program participants. (1) In addition to the petroleum storage tank registration fee paid in Section, the owner or operator of a petroleum storage tank who elects to participate in the program under Sectionshall also pay the following petr…

19-6-412. Petroleum storage tank -- Certificate of compliance. (1) An owner or operator of a petroleum storage tank shall have a certificate of compliance for the facility. (2) The director shall issue a certificate of compliance if: the owner or operator has a certificate of reg…

19-6-413. Tank tightness test -- Actions required after testing. (1) The owner or operator of any petroleum storage tank registered before July 1, 1991, shall submit to the director the results of a tank tightness test conducted: on or after September 1, 1989, and before January …

19-6-414. Grounds for revocation of certificate of compliance and ineligibility for payment of costs from fund. (1) If the director determines that any of the requirements of Subsection, Section, or Subsectionhave not been met, the director shall notify the owner or operator by c…

19-6-415. Participation of excluded or exempt tanks. (1) An underground storage tank exempt from regulation under 40 C.F.R., Part 280, Subpart A, may become eligible for payments from the Petroleum Storage Tank Fund if the underground storage tank: is a farm or residential tank w…

19-6-415.5. State owned or leased tanks to participate in program. Any underground storage tank or aboveground petroleum storage tank owned or leased by the state and subject to the financial assurance requirements established by division rule shall participate in the program.

19-6-416. Restrictions on delivery of petroleum -- Civil penalty. (1) A person may not deliver petroleum to, place petroleum in, or accept petroleum for placement in a petroleum storage tank that is not identified in compliance with Subsection. 19-6-411(7) Beginning July 1, 2023,…

19-6-416.5. Restrictions on petroleum storage tank installation companies -- Civil penalty. (1) An individual or petroleum storage tank installation company may not install a petroleum storage tank without having a valid petroleum storage tank installation company permit. (2) An …

19-6-417. Use of fund revenues to investigate certain releases from petroleum storage tank. If the director is notified of or otherwise becomes aware of a release or suspected release of petroleum, he may expend revenues from the fund to investigate the release or suspected relea…

19-6-418. Recovery of costs by director. (1) The director may recover: from a responsible party the proportionate share of costs the party is responsible for as determined under Section; 19-6-424.5 any amount required to be paid by the owner under this part which the owner has no…

19-6-419. Costs covered by the fund -- Costs paid by owner or operator -- Payments to third parties -- Apportionment of costs. (1) If all requirements of this part have been met and a release occurs from a tank that is covered by the fund, the costs per release are covered as pro…

19-6-420. Releases -- Abatement actions -- Corrective actions. (1) If the director determines that a release from a petroleum storage tank has occurred, the director shall: identify and name as many of the responsible parties as reasonably possible; and determine which responsibl…

19-6-421. Third party payment restrictions and requirements. (1) If there are sufficient revenues in the fund, and subject to the provisions of Sections,, and, the director shall authorize payment from the fund to third parties regarding a release covered by the fund as provided …

19-6-422. Participation by state risk manager in suit, claim, or settlement. (1) If a suit is filed or a claim is made against a responsible party who is eligible for payments from the fund for bodily injury or property damage connected with a release of petroleum from a petroleu…

19-6-423. Claim or suit against responsible parties -- Prerequisites for payment from fund to responsible parties or third parties -- Limitations of liability for third party claims. (1) The director may authorize payments from the fund to a responsible party if the responsible p…

19-6-424. Claims not covered by fund. (1) The director may not authorize payments from the fund unless: the claim was based on a release occurring during a period for which that tank was covered by the fund; there are sufficient revenues in the fund; and the claim was made: no la…

19-6-424.5. Apportionment of liability -- Liability agreements -- Legal remedies -- Amounts recovered. (1) After providing notice and opportunity for comment to responsible parties identified and named under Section, the director may: 19-6-420 issue written orders determining res…

19-6-425. Violation of part -- Civil penalty -- Civil action -- Reimbursement for expenses. (1) Except as provided in Section, any person who violates any requirement of this part or any order issued or rule made under the authority of this part is subject to a civil penalty of n…

19-6-426. Limitation of liability of state -- Liability of responsible parties -- Indemnification agreement involving responsible parties. (1) This part does not create an insurance program. (2) The fund established in this part shall only provide funds to finance costs for respo…

19-6-427. Liability of any person under other laws -- Additional state and governmental immunity -- Exceptions. (1) Except as provided in Subsection, nothing in this part affects or modifies in any way: (2) the obligations or liability of any person under any other provision of t…

19-6-428. Eligibility for participation in the fund. (1) Subject to Section, an owner or operator of a petroleum storage tank may elect to participate in the program by meeting the requirements of this part, including paying the tank fees and environmental assurance fee as provid…

19-6-429. False information and claims. (1) Any person who presents or causes to be presented any oral or written statement, knowing the statement contains false information, in order to obtain a certificate of compliance is guilty of a class B misdemeanor. (2) Any person who pre…

19-6-502. Definitions. As used in this part: (1) "Advanced recycling" means a manufacturing process that converts post-use polymers or recovered feedstock into basic raw materials, chemicals, or advanced recycling products using technology including: pyrolysis; gasification; depo…

19-6-502.5. Solid waste management facility not a public utility. A solid waste management facility is not a public utility as defined in Section.

19-6-503. Powers and duties of public entities. (1) Subject to the powers and rules of the department and except as provided by Section, a governing body of a public entity may: 19-6-507 supervise and regulate the collection, transportation, and disposition of solid waste generat…

19-6-505. Long-term agreements for joint action -- Construction, acquisition, or sale of interest in management facilities -- Issuance of bonds. (1) Two or more public entities, which for the purposes of this section shall only include any political subdivision of the state, the …

19-6-506. Schedule of fees -- Classification of property -- Collection of delinquent fees. (1) The governing body of any public entity may by ordinance or resolution establish a schedule of fees to be imposed and assessed on property within its jurisdiction the revenue from which…

19-6-507. Flow control for solid waste prohibited -- Exceptions. (1) Except as provided in Subsection, a public entity may not require solid waste discarded or rejected within the public entity's jurisdiction to be stored, recovered, or disposed of at a solid waste management fac…

19-6-508. Resource recovery project operated by an improvement district. (1) As used in this section, "resource recovery project" means a project that consists of facilities for the handling, treatment and processing through anaerobic digestion, and resource recovery, of solid wa…

19-6-509. Recycling data -- Publication. (1) As used in this section: "Municipal solid waste" means nonhazardous solid waste, including garbage, refuse, office waste, or other similar material that results from the operation of residential, municipal, commercial, or institutional…

19-6-601. Definitions. As used in this part: (1) "Board" means the Waste Management and Radiation Control Board appointed under. Title 19, Chapter 6, Hazardous Substances (2) "Director" means the director of the Division of Waste Management and Radiation Control.

19-6-602. Lead acid batteries -- Disposal limitations. (1) A person may not place, discard, or otherwise dispose of a lead acid battery in any solid waste treatment, storage, or disposal facility operated by a municipality, county, other political subdivision, or other entity. Al…

19-6-603. Collection for recycling. (1) A person selling lead acid batteries at retail shall at the point of sale accept a customer's used lead acid battery and a maximum of one additional used lead acid battery when the customer purchases a new lead acid battery. (2) A person se…

19-6-604. Disposal by battery retailer. (1) A lead acid battery retailer may not dispose of a used lead acid battery except by delivery to: a lead acid battery wholesaler; a lead acid battery manufacturer for delivery to a secondary lead smelter that meets state and federal permi…

19-6-605. Disposal by battery wholesaler. (1) A person selling lead acid batteries at wholesale may not dispose of a used lead acid battery except by delivery to: a battery manufacturer for delivery to a secondary lead smelter that meets the state and federal permit requirements;…

19-6-606. Enforcement. (1) The director may authorize inspections under Sectionof any place, building, or premise where lead acid batteries are sold to determine compliance with this part. The director may authorize inspections under this subsection only as funding is available w…

19-6-607. Penalty. (1) A violation of this part is a class B misdemeanor. (2) Each lead acid battery improperly disposed of or rejected by a lead acid battery wholesaler or retailer in violation of Section,, oris a separate violation. 19-6-603 19-6-604 19-6-605

19-6-702. Legislative findings. (1) The Legislature finds millions of gallons of used oil are generated each year in Utah, and this oil is: a valuable petroleum resource that can be recycled; and in spite of the potential for recycling, significant quantities of used oil are wast…

19-6-703. Definitions. (1) "Board" means the Waste Management and Radiation Control Board created in Section. 19-1-106 (2) "Commission" means the State Tax Commission. (3) "Department" means the Department of Environmental Quality created in. Title 19, Chapter 1, General Provisio…

19-6-704. Powers and duties of the board. (1) The board shall make rules under, as necessary to administer this part and to comply with 40 CFR 279, Standards for the Management of Used Oil, to ensure the state's primacy to manage used oil under 40 CFR 279. For these purposes the …

19-6-705. Powers and duties of the director (1) The director shall: administer and enforce the rules and orders of the board; issue and revoke registration numbers for DIYer used oil collection centers and used oil collection centers; after public notice and opportunity for a pub…

19-6-706. Disposal of used oil -- Prohibitions. (1) Except as authorized by the director, or by rule of the board, or as exempted in this section, a person may not place, discard, or otherwise dispose of used oil: in any solid waste treatment, storage, or disposal facility operat…

19-6-707. Rebuttable presumption regarding used oil mixtures. (1) Used oil containing more than 1000 ppm total halogens is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in 40 CFR 261, Subpart D. This presumption may be rebutted…

19-6-708. Registration and permit exemptions. (1) The following persons are subject to Section, but are not subject to regulation as a registered or permitted site or facility under this part: 19-6-706 generators of DIYer used oil; and farmers who generate in a calendar year an a…

19-6-709. Reclamation of site or facility. (1) The owner or operator of any of the following operations shall reclaim the site of the operation to a post-operations land use, as approved by the board in coordination with the department, when the operation ceases or the permit is …