Title 19, Title 19: Environmental Quality Code

19-6-715. Recycling fee collection procedures. (1) A lubricating oil vendor shall pay the fee collected under Sectionto the commission: 19-6-714 monthly on or before the last day of the month immediately following the last day of the previous month if: the lubricating oil vendor …

19-6-716. Fee collection by commission -- Administrative charge. (1) The commission shall administer, collect, and enforce the fee authorized under Sectionpursuant to the same procedures used in the administration, collection, and enforcement of the sales and use tax under, and. …

19-6-717. Used oil collection incentive payment. (1) The division shall pay a recycling incentive to registered DIYer used oil collection centers and curbside collection programs approved by the director for each gallon of used oil: collected from DIYer used oil generators; and t…

19-6-718. Limitations on liability of operator of collection center. (1) Subject to Subsection, a person may not recover from the owner, operator, or lessor of a DIYer used oil collection center any costs of response actions at another location resulting from a release or threate…

19-6-719. Used oil collection account. There is created in the General Fund a restricted account known as the Used Oil Collection Administration Account. All money received by the state from the recycling fee placed on lubricating oil under this part, all permit fees, all penalti…

19-6-720. Grants and donations -- Support for programs -- Priorities. (1) The division may solicit or request and receive gifts, grants, donations, and other assistance from any source. Funds or resources received shall be deposited in the account created in Sectionand shall be a…

19-6-721. Violations -- Proceedings -- Orders -- Reimbursement for expenses. (1) A person who violates any provision of this part or any order, permit, rule, or other requirement issued or adopted under this part is subject in a civil proceeding to a penalty of not more than $10,…

19-6-721.1. Notice of violations -- Order for correction -- Civil action to enforce. (1) Whenever the director determines that a person is in violation of an applicable approved used oil operation permit, the requirements of this part, or any of the board's rules, the director ma…

19-6-722. Criminal penalties. (1) A violation of any applicable provision of this part is a class A misdemeanor, except: any violation involving hazardous waste is governed by provisions of this chapter that address hazardous waste; any violation of Sectionorregarding the recycli…

19-6-723. Local ordinances regarding used oil. Any political subdivision of the state may enact and enforce ordinances regarding the management of used oil that are consistent with this part.

19-6-802. Legislative findings. (1) The Legislature finds that the disposal of waste tires is a matter of statewide concern and that recycling of waste tires should be promoted in light of the health and environmental benefits. (2) The Legislature further finds that the recycling…

19-6-803. Definitions. As used in this part: (1) "Abandoned waste tire pile" means a waste tire pile regarding which the local department of health has not been able to: locate the persons responsible for the tire pile; or cause the persons responsible for the tire pile to remove…

19-6-804. Restrictions on disposal and transfer of tires -- Penalties -- Reimbursement for expenses. (1) An individual, including a waste tire transporter, may not transfer for temporary storage more than 12 whole tires at one time to a landfill or other location in the state aut…

19-6-805. Recycling fee. (1) A recycling fee is imposed upon each purchase from a tire retailer of a new tire by a consumer. The fee shall be paid by the consumer to the tire retailer at the time the new tire is purchased. The recycling fee does not apply to recapped or resold us…

19-6-806. Registration of waste tire transporters and recyclers. (1) The director shall register an applicant for registration to act as a waste tire transporter if the applicant meets the requirements of this section. An applicant for registration as a waste tire transporter sha…

19-6-807. Waste Tire Recycling Fund. (1) There is created an expendable special revenue fund entitled the "Waste Tire Recycling Fund." (2) The fund shall consist of: the proceeds of: a fee imposed under Section; and 19-6-805 a fee imposed under Section; and 19-6-806 penalties col…

19-6-808. Payment of recycling fee -- Administrative charge. (1) A tire retailer shall pay the recycling fee to the commission: monthly on or before the last day of the month immediately following the last day of the previous month if: the tire retailer is required to file a sale…

19-6-809. Partial reimbursement. (1) A recycler may submit an application under Sectionto the local health department having jurisdiction over the applicant's business address for partial reimbursement for the cost of transporting and processing a waste tire or a material derived…

19-6-810. Recycling waste tires from abandoned waste tire piles and other waste tire piles. (1) A recycler may be reimbursed for recycling or beneficial use of waste tires from an abandoned waste tire pile within the state if: prior to recycling or the beneficial use of any of th…

19-6-811. Funding for management of certain waste tire piles -- Limitations. (1) A county or municipality may apply to the director for payment from the fund for costs of a waste tire transporter or recycler to remove waste tires from an abandoned waste tire pile located within t…

19-6-812. Landfilling shredded tires -- Reimbursement. (1) A waste tire may be disposed of in a landfill if: the land fill is operated in compliance with the requirements of; Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act the waste tire is shredded; and the waste tire…

19-6-813. Application for partial reimbursement -- Penalty. (1) An application for partial reimbursement shall be in the format prescribed by the local health department and shall include: the recycler's name and a brief description of the recycler's business; the quantity, in to…

19-6-814. Local health department responsibility. (1) A local health department that has received an application for partial reimbursement from a recycler shall within 15 calendar days after receiving the application: review the application for completeness; conduct an on-site in…

19-6-815. Payment by Division of Finance. (1) The Division of Finance is authorized to pay the recycler partial reimbursements described in Sectionfrom the fund. 19-6-809 (2) The Division of Finance shall pay the dollar amount of partial reimbursement approved by the local health…

19-6-816. Limitations on reimbursement. (1) The costs reimbursed under this part may not exceed the money in the fund. (2) If applications for reimbursement under Section,, orduring any month exceed the money in the fund, the Division of Finance shall prorate the amount of all cl…

19-6-816.5. Fund balance maintenance. (1) As used in this section: "Qualified recycler" means a recycler who is qualified to receive a partial reimbursement under Sectionduring a fiscal year for which there are surplus funds. 19-6-809 "Surplus funds" means, at the end of a fiscal…

19-6-817. Administrative fees to local health departments -- Reporting by local health departments. (1) The Division of Finance shall pay quarterly to the local health departments from the fund $5 per ton of tires for which a partial reimbursement is made under this part. The pay…

19-6-818. Local health department rules. (1) In accordance with Section, the local health department shall make regulations to: 26A-1-121 develop an application form; and establish the procedure to apply for reimbursement. (2) In accordance with, the commission shall make rules t…

19-6-819. Powers and duties of the board. (1) The board shall make rules under, as necessary to administer this part. For these purposes the board shall establish by rule: Title 63G, Chapter 3, Utah Administrative Rulemaking Act conditions and procedures for acting to issue or re…

19-6-820. Powers and duties of the director. (1) The director shall: administer and enforce the rules and orders of the board; issue and revoke registrations for waste tire recyclers and transporters; and require forms, analyses, documents, maps, and other records as the director…

19-6-821. Violations -- Civil proceedings and penalties -- Orders -- Reimbursement for expenses. (1) A person who violates any provision of this part or any order, permit, plan approval, or rule issued or adopted under this part is subject to a civil penalty of not more than $10,…

19-6-822. Criminal penalties. A person is guilty of a third degree felony if the person knowingly or intentionally provides or submits false information under the following provisions: (1) Subsection; 19-6-809(1)(a) (2) Subsection; 19-6-809(1)(c) (3) Subsection; 19-6-809(4) (4) S…

19-6-823. Exception. The provisions of this part do not apply to waste tires from any device moved exclusively by human power.

19-6-902. Definitions. As used in this part: (1) "Board" means the Waste Management and Radiation Control Board, as defined in Section, within the Department of Environmental Quality. 19-1-106 (2) "Certified decontamination specialist" means an individual who has met the standard…

19-6-903. Law enforcement reporting and records -- Removal from list. (1) When any state or local law enforcement agency in the course of its official duties observes any paraphernalia of a clandestine drug laboratory operation, including chemicals or equipment used in the manufa…

19-6-904. Decontamination specialist reporting to local health departments. (1) A certified decontamination specialist is required to report to the local health department the location of any property that is the subject of decontamination work by that decontamination specialist.…

19-6-905. Notification of property owner -- Notification of municipality or county. (1) If the local health department determines a property is contaminated, it shall notify the owner of record that the property has been placed on the contamination list and shall provide to the o…

19-6-906. Decontamination standards -- Specialist certification standards -- Rulemaking. (1) The Department of Health and Human Services shall make rules under, in consultation with the local health departments and the Department of Environmental Quality, to establish: Title 63G,…

19-7-102. Purposes. The purpose of this chapter is to: (1) enhance the environment through voluntary compliance with environmental laws; and (2) provide incentives to voluntarily identify and remedy environmental compliance problems.

19-7-103. Definitions. As used in this chapter: (1) "Administrative proceeding" means an adjudicatory proceeding conducted by the department or other government entity with authority to enforce any environmental law, including any notice of violation proceeding, any department pr…

19-7-104. Unlawful disclosure -- Environmental audit report. (1) Information that is divulged, disseminated, or otherwise disclosed in violation of Utah Rules of Evidence, Rule 508, may not be admitted as evidence in an administrative or judicial proceeding. (2) If any person, in…

19-7-105. Privilege in administrative proceeding. An environmental audit report is privileged in accordance with and to the extent provided by Utah Rules of Evidence, Rule 508, Environmental Self-Evaluation Privilege, in any administrative proceeding.

19-7-106. In camera review -- Burden of proof. (1) The person seeking disclosure of an environmental audit report shall request an in camera review of the audit report by a court of record. (2) If a court of record determines through in camera review that all or part of an enviro…

19-7-107. Privileged communications. (1) A person or an officer or employee of that person who performs an environmental self-evaluation, as defined by Section, or assists in the preparation of an environmental audit report, as defined by Section, or a consultant hired for the pu…

19-7-108. Scope of chapter. This chapter shall apply to all administrative and judicial proceedings commenced on or after March 21, 1995.

19-7-109. Incentives for voluntary disclosure and compliance -- Waiver of civil penalties. (1) As used in this section, "regulated entity" means any person, business, or other entity subject to regulation under. Title 19, Environmental Quality Code (2) The department shall waive …