Utah Code 19-10-104. Requirements for creation of institutional control
Current as of: 2024 | Check for updates
|
Other versions
An environmental institutional control shall:
(1) be in writing and shall be recorded by the owner of the real property in the county recorder’s office in the county where the real property is located;
Terms Used In Utah Code 19-10-104
- Department: means the Department of Environmental Quality. See Utah Code 19-1-103
- Executive director: means the executive director of the state Department of Environment Quality or the executive director's designated representative. See Utah Code 19-10-102
- institutional control: means , with respect to real property, any deed restriction, restrictive covenant, easement, reservation, environmental notice, engineering control, or other restriction or obligation that is designed to protect human health or the environment and:(1)(a) is established in connection with a cleanup or risk assessment that is reviewed, overseen, conducted, or administered by the department; and(1)(b)(1)(b)(i) limits the use of the real property, groundwater, or surface water;(1)(b)(ii) limits activities that may be performed on or at the property; or(1)(b)(iii) requires maintenance of any engineering or other control. See Utah Code 19-10-102
- 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- 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
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: includes :
(31)(a) land;(31)(b) a tenement;(31)(c) a hereditament;(31)(d) a water right;(31)(e) a possessory right; and(31)(f) a claim. See Utah Code 68-3-12.5- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
- 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(2) contain a legal description of the area of the real property that is subject to the institutional control;(3) include a statement documenting any requirements for maintenance of the institutional control, including a description of the institutional control and the reason it must remain in place to protect the public health, safety, or welfare, or the environment;(4) include a statement that the institutional control runs with the land and is binding on all successors in interest unless or until the institutional control is removed as provided in Section 19-10-105;(5) include a statement acknowledging the department‘s right of access to the property at all reasonable times to verify that the institutional controls are being maintained;(6) include a statement explaining how the institutional control can be modified or terminated and stating that if any person desires to cancel or modify the institutional control in the future, the person shall obtain prior written approval from the executive director pursuant to this chapter;(7) include a notarized signature of the executive director indicating approval of the environmental institutional control; and(8) include the notarized signature of the property owner indicating approval of the environmental institutional control. - Land: includes :