Utah · statute · Utah Code tit. 19 · 409 active provisions
The purpose of this title is to: (1) clarify the powers and duties of the Department of Environmental Quality in relationship to local health departments; (2) provide effective, coordinated management of state environmental concerns; (3) safeguard public health and quality of life by protecting and improving environmen…
As used in this title: (1) "Department" means the Department of Environmental Quality. (2) "Executive director" means the executive director of the department appointed pursuant to Section 19-1-104. (3) "Local health department" means a local health department as defined in Title 26A, Chapter 1, Part 1, Local Health De…
(1) There is created within state government the Department of Environmental Quality. The department shall be administered by an executive director. (2) The executive director shall be appointed by the governor with the advice and consent of the Senate and shall serve at the pleasure of the governor. (3) The executive…
(1) The following divisions are created within the department: (a) the Division of Air Quality, to administer: (i) Chapter 2, Air Conservation Act; and (ii) Chapter 2a, Air Quality - Special Provisions; (b) the Division of Drinking Water, to administer Chapter 4, Safe Drinking Water Act; (c) the Division of Environment…
(1) The following policymaking boards are created within the department: (a) the Air Quality Board, appointed under Section 19-2-103; (b) the Drinking Water Board, appointed under Section 19-4-103; (c) the Water Quality Board, appointed under Section 19-5-103; and (d) the Waste Management and Radiation Control Board, a…
(1) There is created the Environmental Quality Restricted Account. (2) The sources of money for the Environmental Quality Restricted Account are: (a) radioactive waste disposal fees collected under Sections 19-3-106 and 19-3-106.4 and other fees collected under Subsection 19-3-104(5) or 19-3-104(6); (b) hazardous waste…
(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 with the usual schedule of the commission. (3) The commission may discuss with the department: (a) needs…
(1) As used in this section: (a) "Exempt application" means an application for federal funding that meets the criteria established under Subsection (3)(g). (b) "Federal funding" means a grant, contract, or other funding from the federal government that could provide funds for a local health department to fulfill the du…
(1) The department shall: (a) enter into cooperative agreements with the Department of Health and Human Services to delineate specific responsibilities to assure that assessment and management of risk to human health from the environment are properly administered; (b) consult with the Department of Health and Human Ser…
(1) The executive director shall: (a) administer and supervise the department; (b) coordinate policies and program activities conducted through boards, divisions, and offices of the department; (c) approve the proposed budget of each board, division, and office within the department; (d) approve all applications for fe…
(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 inspections to insure compliance with rules made by the department. (2) The inspection authority provided in this section do…
(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 attorney of the county in which a cause of action arises or a public offense occurs shall bring any civi…
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 Committee, the Utah Safe Drinking Water Committee, and the Water Pollution Control Committ…
(1) As used in this section: (a) "Aggregate" means the sum of all contracts, change orders, and modifications related to a single project. (b) "Change order" means the same as that term is defined in Section 63G-6a-103. (c) "Employee" means, as defined in Section 34A-2-104, an "employee," "worker," or "operative" who:…
(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 Subsections (4) through (7), the department shall issue a license to an applicant who has been licensed in another state, district, or territory of t…
(1) As used in this section: (a) "Critical mineral" means the same as that term is defined in Section 79-10-101. (b) "Critical minerals project" means an activity requiring one or more state permits related to the extraction or processing of a critical mineral. (c) "Critical minerals zone" means the same as that term i…
(1) As used in this section, "dispositive action" means a final agency action that: (a) the executive director takes following an adjudicative proceeding on a request for agency action; and (b) is subject to judicial review under Section 63G-4-403. (2) This section governs adjudicative proceedings that are not special…
(1) As used in this section: (a) "Dispositive action" means a final agency action that: (i) the executive director takes as part of a special adjudicative proceeding; and (ii) is subject to judicial review, in accordance with Subsection (16). (b) "Dispositive motion" means a motion that is equivalent to: (i) a motion t…
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 person's own expense within 48 hours, or such other reasonable time as the department determ…
(1) (a) 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: (i) in a civil proceeding, be assessed a penalty not to exceed the sum of $5,000; or (ii) in a criminal proceeding: (A) for the first violation, be guilty of a class B misd…
(1) The provisions of this section apply to a civil penalty and fine collected under the authority of this title. (2) (a) The department may reimburse the department, a local government, or a local health department from money collected from a civil penalty or fine for a qualifying extraordinary expense incurred in a q…
(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 coordinate with and assist local health officers.
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 until the sooner of: (1) the day on which the notice of violation, order, or agency action becomes final under Title 63G, Ch…
(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) (a) The standards of the federal Freedom of Information Act, 5 U.S.C. Sec. 552, and not the standards of Subsections 63G-2-305(1) and (2), shall govern access to…
(1) (a) The Waste Management and Radiation Control Board created in Section 19-1-106 may direct an evaluation of a commercial hazardous waste treatment, storage, or disposal facility, if the facility is: (i) licensed or permitted after July 1, 2017; or (ii) (A) licensed or permitted before July 1, 2017; and (B) has cum…