Title 19, Title 19: Environmental Quality Code

19-1-106. Boards within department. (1) The following policymaking boards are created within the department: the Air Quality Board, appointed under Section; 19-2-103 the Drinking Water Board, appointed under Section; 19-4-103 the Water Quality Board, appointed under Section; and …

19-1-108. Environmental Quality Restricted Account. (1) There is created the Environmental Quality Restricted Account. (2) The sources of money for the Environmental Quality Restricted Account are: radioactive waste disposal fees collected under Sectionsandand other fees collecte…

19-1-110. Department discussions with the Federalism Commission. (1) As used in this section, "commission" means the Federalism Commission created in Section. 63C-4a-302 (2) The department shall meet with the commission as scheduled by the chairs of the commission and consistent …

19-1-111. Governance committee with local health departments. (1) As used in this section: "Exempt application" means an application for federal funding that meets the criteria established under Subsection. (3)(g) "Federal funding" means a grant, contract, or other funding from t…

19-1-201. Powers and duties of department -- Rulemaking authority -- Committee -- Monitoring environmental impacts of inland port. (1) The department shall: enter into cooperative agreements with the Department of Health and Human Services to delineate specific responsibilities t…

19-1-202. Duties and powers of the executive director. (1) The executive director shall: administer and supervise the department; coordinate policies and program activities conducted through boards, divisions, and offices of the department; approve the proposed budget of each boa…

19-1-203. Representatives of department authorized to enter regulated premises. (1) Authorized representatives of the department, upon presentation of appropriate credentials, may enter at reasonable times upon the premises of properties regulated under this title to perform insp…

19-1-204. Legal advice and representation for department. (1) The attorney general is the legal adviser for the department and the executive director and shall defend them in all actions and proceedings brought against either of them. (2) The attorney general or the county attorn…

19-1-205. Assumption of responsibilities. The department assumes all the policymaking functions, regulatory and enforcement powers, rights, duties, and responsibilities of the Division of Environmental Health, the Air Conservation Committee, the Solid and Hazardous Waste Committe…

19-1-206. Contracting powers of department -- Health insurance coverage. (1) As used in this section: "Aggregate" means the sum of all contracts, change orders, and modifications related to a single project. "Change order" means the same as that term is defined in Section. 63G-6a…

19-1-208. License by endorsement. (1) As used in this section, "license" means an authorization that permits the holder to engage in the practice of a profession regulated under this title. (2) Subject to Subsectionsthrough, the department shall issue a license to an applicant wh…

19-1-209. Fast track permitting for critical minerals. (1) As used in this section: "Critical mineral" means the same as that term is defined in Section. 79-10-101 "Critical minerals project" means an activity requiring one or more state permits related to the extraction or proce…

19-1-301. Adjudicative proceedings. (1) As used in this section, "dispositive action" means a final agency action that: the executive director takes following an adjudicative proceeding on a request for agency action; and is subject to judicial review under Section. 63G-4-403 (2)…

19-1-301.5. Permit review adjudicative proceedings. (1) As used in this section: "Dispositive action" means a final agency action that: the executive director takes as part of a special adjudicative proceeding; and is subject to judicial review, in accordance with Subsection. (16…

19-1-302. Violation of laws and orders unlawful. It is unlawful for any person: (1) to violate the provisions of the laws of this title or the terms of any order or rule issued under it; or (2) to fail to remove or abate from private property under the person's control at the per…

19-1-303. Criminal and civil penalties -- Liability for violations -- Reimbursement. (1) Any person who violates a provision of this title or a lawful order or rule made under the authority of this title by the department shall: in a civil proceeding, be assessed a penalty not to…

19-1-303.5. Reimbursement of extraordinary expenses from civil penalty -- Requirements -- Rulemaking. (1) The provisions of this section apply to a civil penalty and fine collected under the authority of this title. (2) The department may reimburse the department, a local governm…

19-1-304. Principal and branch offices of department. (1) The principal office of the department shall be in Salt Lake County. (2) The department may establish branch offices at other places in the state to furnish comprehensive and effective environmental programs and to coordin…

19-1-305. Administrative enforcement proceedings -- Tolling of limitation period. Issuing a notice of a violation, an order, or a notice of agency action under this title tolls the running of the period of limitation for commencing a civil action to assess or collect a penalty un…

19-1-306. Records of the department. (1) Except as provided in this section, records of the department shall be subject to. Title 63G, Chapter 2, Government Records Access and Management Act (2) The standards of the federal Freedom of Information Act, 5 U.S.C. Sec. 552, and not t…

19-1-307. Evaluation of closure, postclosure, and perpetual care and maintenance for hazardous waste and radioactive waste treatment and disposal facilities -- Report. (1) The Waste Management and Radiation Control Board created in Sectionmay direct an evaluation of a commercial …

19-1-308. Background checks for employees. (1) As used in this section, "bureau" means the Bureau of Criminal Identification created in Section. 53-10-201 (2) Beginning July 1, 2018, the department shall require all appointees and applicants for the following positions to submit …

19-1-309. Expedited permit review process -- Requirements for qualified reviewer -- Rulemaking. (1) As used in this section: "Eligible permit" means a permit: enforced by the department; and identified for expedited review in department rule under Subsection. (7)(a) "Expedited re…

19-1-402. Definitions. As used in this part: (1) "Air barrier system" means air barrier material, a system, or an assembly that is specifically and primarily designed to minimize the passage of air through the building thermal envelope and the assemblies when installed in or on a…

19-1-403. Clean Fuels and Emission Reduction Technology Program -- Contents -- Loans or grants made with fund money. (1) There is created a revolving fund known as the Clean Fuels and Emission Reduction Technology Fund. The fund consists of: appropriations to the fund; other publ…

19-1-403.3. Conversion to Alternative Fuel Grant Program Fund -- Contents -- Grants made with fund money. (1) There is created an expendable special revenue fund known as the "Conversion to Alternative Fuel Grant Program Fund." The fund consists of: appropriations to the fund; ot…

19-1-404. Department duties -- Rulemaking -- Loan repayment. (1) The department shall: administer the fund created in Sectionand the federal money described in Subsectionto encourage emission reductions through energy efficient building practices and the use and acquisition of cl…

19-1-405. Air Quality Board duties -- Rulemaking. (1) By following the procedures and requirements of, the Air Quality Board may make rules to: Title 63G, Chapter 3, Utah Administrative Rulemaking Act certify a motor vehicle on which conversion equipment has been installed if: be…

19-1-406. Retrofit compressed natural gas vehicles -- Inspections, standards, and certification -- Compliance with other law -- Programs to coordinate. (1) An owner of a retrofit compressed natural gas vehicle that is retrofit on or after July 1, 2010, may not operate the retrofi…

19-1-502. Definitions. (1) "Bittering agent" means an aversive agent that renders engine coolant unpalatable. (2) "Engine coolant" means: a substance or preparation, regardless of its origin, used as the cooling medium in the cooling system of an internal combustion engine to pro…

19-1-503. Requirements for engine coolant sold in state. On or after January 1, 2011, a person may not sell engine coolant to a person in this state that is manufactured on or after January 1, 2011, if the engine coolant: (1) contains more than 10% ethylene glycol; and (2) does n…

19-1-504. Recordkeeping. (1) A manufacturer or packager of engine coolant that sells the engine coolant to a person in this state shall maintain for at least three years a record of the following for a bittering agent used in the engine coolant in accordance with Section: 19-1-50…

19-1-505. Liability limitation. (1) Subject to the other provisions of this section, a person may not be held liable as described in Subsectionif: (1)(b) the person is a manufacturer, processor, distributor, recycler, or seller of an engine coolant; and the engine coolant at issu…

19-1-506. Preemption. With respect to a retail container containing less than 55 gallons of engine coolant, a political subdivision of this state may not establish or enforce a prohibition, limitation, standard, or other requirement relating to the inclusion of a bittering agent …

19-1-507. Civil action. (1) The attorney general or a person may bring a civil action in a court of competent jurisdiction to seek: an injunction to enforce this part; and if the action is brought by the attorney general, a civil penalty not to exceed $500 for each day this part …

19-1-508. Exemptions. This part does not apply to: (1) the sale of a motor vehicle or a part of a motor vehicle that contains engine coolant; or (2) a wholesale container of engine coolant that contains 55 gallons or more of engine coolant if it contains a conspicuous label indic…

19-1-602. Definitions. As used in this part: (1) "Environmental mitigation" means an action or activity intended to remedy, reduce, or offset known negative impacts to the environment. (2) "Environmental response action" means action taken to prevent, eliminate, minimize, investi…

19-1-603. Environmental Mitigation and Response Fund. (1) There is created an expendable special revenue fund known as the Environmental Mitigation and Response Fund. (2) The fund consists of: public and private funding sources made under Subsectionsand; (3) (4) legally binding b…

19-1-604. Environmental mitigation. (1) The director shall administer the fund created in Section. 19-1-603 (2) The director may: disburse funds to an authorized individual or public, private, or governmental entity, or Native American tribe to implement a specified environmental…

19-2-101. Policy of state and purpose of chapter -- Support of local and regional programs -- Provision of coordinated statewide program. (1) It is the policy of this state and the purpose of this chapter to achieve and maintain levels of air quality which will protect human heal…

19-2-102. Definitions. As used in this chapter: (1) "1990 Clean Air Act" means the federal Clean Air Act as amended in 1990. (2) "Air pollutant" means a substance that qualifies as an air pollutant as defined in 42 U.S.C. Sec. 7602. (3) "Air pollutant source" means private and pu…

19-2-103. Members of board -- Appointment -- Terms -- Organization -- 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 direct…

19-2-104. Powers of board. (1) The board may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act: regarding the control, abatement, and prevention of air pollution from all sources and the establishment of the maximum quantity of air pollutants …

19-2-105. Duties of board. The board, in conjunction with the governing body of each county identified in Sectionand other interested parties, shall order the director to perform an evaluation of the inspection and maintenance program developed under Sectionincluding issues relat…

19-2-105.3. Clean fuel requirements for fleets. (1) As used in this section: "1990 Clean Air Act" means the federal Clean Air Act as amended in 1990. "Clean fuel" means: propane, compressed natural gas, or electricity; other fuel the board determines annually on or before July 1 …

19-2-106. Rulemaking authority and procedure. (1) In carrying out the duties of Section, the board may make rules for the purpose of administering a program under the federal Clean Air Act different than the corresponding federal regulations which address the same circumstances i…