Terms Used In Utah Code > Title 16 > Chapter 4 - Share Assessment Act

• Account: means the Environmental Voluntary Cleanup restricted account created under Section 19-8-103. See Utah Code 19-8-102
• 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 proceeding listed in Section 19-1-305, or any proceeding conducted pursuant to Title 63G, Chapter 4, Administrative Procedures Act. See Utah Code 19-7-103
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agreement: means a voluntary cleanup agreement under this chapter. See Utah Code 19-8-102
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Applicant: means the person:
       (3)(a) who submits an application to participate in a voluntary cleanup agreement under this chapter; or
       (3)(b) who enters into a voluntary cleanup agreement made under this chapter with the executive director. See Utah Code 19-8-102
• Authority: means the Utah Inland Port Authority, created in Section 11-58-201. See Utah Code 11-58-102
• Board: means the authority's governing body, created in Section 11-58-301. See Utah Code 11-58-102
• Completion: means , regarding property covered by an agreement:
       (4)(a) no further response actions are necessary; or
       (4)(b) the applicant is satisfactorily maintaining the engineering controls, remediation systems, postclosure care, and institutional controls to the extent required pursuant to the voluntary cleanup agreement. See Utah Code 19-8-102
• Contaminant: means :
       (5)(a) hazardous materials as defined in Section 19-6-302;
       (5)(b) hazardous substance as defined in Section 19-6-302;
       (5)(c) hazardous waste as defined in Section 19-6-102;
       (5)(d) hazardous waste constituent listed in Utah Code 19-8-102
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Corporation: means a nonprofit corporation or a profit corporation. See Utah Code 16-4-102
• Department: means the Department of Environmental Quality. See Utah Code 19-1-103
• Development: means :
       (7)(a) the demolition, construction, reconstruction, modification, expansion, or improvement of a building, utility, infrastructure, landscape, parking lot, park, trail, recreational amenity, or other facility, including public infrastructure and improvements; and
       (7)(b) the planning of, arranging for, or participation in any of the activities listed in Subsection (7)(a). See Utah Code 11-58-102
• Development project: means a project for the development of land within a project area. See Utah Code 11-58-102
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Environmental assessment: means the assessment described in Section 19-8-107. See Utah Code 19-8-102
• Environmental audit report: means any document, information, report, finding, communication, note, drawing, graph, chart, photograph, survey, suggestion, or opinion, whether in preliminary, draft, or final form, prepared as the result of or in response to an environmental self-evaluation. See Utah Code 19-7-103
• Environmental law: means any requirement contained in this title, or in rules made under this title, or in any rules, orders, permits, licenses, or closure plans issued or approved by the department, or in any other provision or ordinance addressing protection of the environment. See Utah Code 19-7-103
• Environmental self-evaluation: means a self-initiated assessment, audit, or review, not otherwise expressly required by an environmental law, that is performed to determine whether a person is in compliance with environmental laws. See Utah Code 19-7-103
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executive director: means the executive director of the Utah Department of Environmental Quality or the executive director's representative. See Utah Code 19-8-102
• Fiduciary: A trustee, executor, or administrator.
• Fraud: Intentional deception resulting in injury to another.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Nonprofit corporation: means a nonprofit corporation as defined in Section 16-6a-102. See Utah Code 16-4-102
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Oversight: Committee review of the activities of a Federal agency or program.
• Person: means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Profit corporation: means a corporation as defined in Section 16-10a-102. See Utah Code 16-4-102
• Program: means the Voluntary Environmental Cleanup Program created under this chapter. See Utah Code 19-8-102
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Response action: means the cleanup or removal of a contaminant from the environment. See Utah Code 19-8-102
• Share: means a share as defined in:
       (4)(a) Section 16-6a-102 for a nonprofit corporation; and
       (4)(b) Section 16-10a-102 for a profit corporation. See Utah Code 16-4-102
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Water company: means a corporation in which a shareholder has the right, based on the shareholder's shares, to receive a proportionate share of water delivered by the corporation. See Utah Code 16-4-102
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5