Utah Code 19-12-102. Definitions

As used in this chapter:

(1) “Air pollutant” means the same as that term is defined in Section 19-2-102.

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Terms Used In Utah Code 19-12-102

Air pollution: means the same as that term is defined in Section 19-2-102. See Utah Code 19-12-102
director: means :
(4)(a)(i) for purposes of an application or certification under this chapter related to air pollution, the director of the Division of Air Quality; or
(4)(a)(ii) for purposes of an application or certification under this chapter related to water pollution, the director of the Division of Water Quality. See Utah Code 19-12-102
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.
Personal property: All property that is not real property.
Personal property: includes :
     (25)(a) money;
     (25)(b) goods;
     (25)(c) chattels;
     (25)(d) effects;
     (25)(e) evidences of a right in action;
     (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
     (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
Pollution control facility: includes :
          (6)(b)(i) an addition to real property described in Subsection (6)(a);
          (6)(b)(ii) the reconstruction of real property described in Subsection (6)(a); or
          (6)(b)(iii) an improvement to real property described in Subsection (6)(a). See Utah Code 19-12-102
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
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
Treatment works: means the same as that term is defined in Section 19-5-102. See Utah Code 19-12-102
Waste: means the same as that term is defined in Section 19-5-102. See Utah Code 19-12-102

(2) “Air pollutant source” means the same as that term is defined in Section 19-2-102.

(3) “Air pollution” means the same as that term is defined in Section 19-2-102.

(4)

(4)(a) Except as provided in Subsection (4)(b), “director” means:

(4)(a)(i) for purposes of an application or certification under this chapter related to air pollution, the director of the Division of Air Quality; or

(4)(a)(ii) for purposes of an application or certification under this chapter related to water pollution, the director of the Division of Water Quality.

(4)(b) For purposes of an application or certification under this chapter related to property within the jurisdiction of the Board of Oil, Gas, and Mining under Section 40-6-5, “director” means the director of the Division of Oil, Gas, and Mining.

(5)

(5)(a) “Freestanding pollution control property” means tangible personal property located in the state, regardless of whether a purchaser purchases the tangible personal property voluntarily or to comply with a requirement of a governmental entity, if:

(5)(a)(i) the primary purpose of the tangible personal property is the prevention, control, or reduction of air or water pollution by:

(5)(a)(i)(A) the disposal or elimination of, or redesign to eliminate, waste, and the use of treatment works for industrial waste; or

(5)(a)(i)(B) the disposal, elimination, or reduction of, or redesign to eliminate or reduce, air pollutants, air pollution, or air contamination sources, and the use of one or more air cleaning devices; and

(5)(a)(ii) the tangible personal property is not used at, in the construction of, or incorporated into a pollution control facility.

(5)(b) “Freestanding pollution control property” does not include:

(5)(b)(i) a consumable:

(5)(b)(i)(A) chemical that is not reusable;

(5)(b)(i)(B) cleaning material that is not reusable; or

(5)(b)(i)(C) supply that is not reusable;

(5)(b)(ii) the following used for human waste:

(5)(b)(ii)(A) a septic tank; or

(5)(b)(ii)(B) other property;

(5)(b)(iii) property installed, constructed, or used for the moving of sewage to a collection facility of a public or quasi-public sewerage system;

(5)(b)(iv) the following used for the comfort of personnel:

(5)(b)(iv)(A) an air conditioner;

(5)(b)(iv)(B) a fan; or

(5)(b)(iv)(C) an item similar to Subsection (5)(b)(iv)(A) or (B); or

(5)(b)(v) office equipment or an office supply if the primary purpose of the office equipment or office supply is not the prevention, control, or reduction of air or water pollution by:

(5)(b)(v)(A) the disposal or elimination of, or redesign to eliminate, waste, and the use of treatment works for industrial waste; or

(5)(b)(v)(B) the disposal, elimination, or reduction of, or redesign to eliminate or reduce, air pollutants, air pollution, or air contamination sources, and the use of one or more air cleaning devices.

(6)

(6)(a) “Pollution control facility” means real property in the state, regardless of whether a purchaser purchases the real property voluntarily or to comply with a requirement of a governmental entity, if the primary purpose of the real property is the prevention, control, or reduction of air pollution or water pollution by:

(6)(a)(i) the disposal or elimination of, or redesign to eliminate, waste and the use of treatment works for industrial waste; or

(6)(a)(ii)

(6)(a)(ii)(A) the disposal, elimination, or reduction of, or redesign to eliminate or reduce, air pollutants, air pollution, or air contamination sources; and

(6)(a)(ii)(B) the use of one or more air cleaning devices.

(6)(b) “Pollution control facility” includes:

(6)(b)(i) an addition to real property described in Subsection (6)(a);

(6)(b)(ii) the reconstruction of real property described in Subsection (6)(a); or

(6)(b)(iii) an improvement to real property described in Subsection (6)(a).

(6)(c) “Pollution control facility” does not include:

(6)(c)(i) a consumable:

(6)(c)(i)(A) chemical that is not reusable;

(6)(c)(i)(B) cleaning material that is not reusable; or

(6)(c)(i)(C) supply that is not reusable;

(6)(c)(ii) the following used for human waste:

(6)(c)(ii)(A) a septic tank; or

(6)(c)(ii)(B) another facility;

(6)(c)(iii) property installed, constructed, or used for the moving of sewage to a collection facility of a public or quasi-public sewerage system;

(6)(c)(iv) the following used for the comfort of personnel:

(6)(c)(iv)(A) an air conditioner;

(6)(c)(iv)(B) a fan; or

(6)(c)(iv)(C) an item similar to Subsection (6)(c)(iv)(A) or (B); or

(6)(c)(v) office equipment or an office supply if the primary purpose of the office equipment or office supply is not the prevention, control, or reduction of air or water pollution by:

(6)(c)(v)(A) the disposal or elimination of, or redesign to eliminate waste, and the use of treatment works for industrial waste; or

(6)(c)(v)(B) the disposal, elimination, or reduction of, or redesign to eliminate or reduce, air pollutants, air pollution, or air contamination sources, and the use of one or more air cleaning devices.

(7) “Treatment works” means the same as that term is defined in Section 19-5-102.

(8) “Waste” means the same as that term is defined in Section 19-5-102.

(9) “Water pollution” has the same meaning as “pollution” under Section 19-5-102.

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