Terms Used In Utah Code > Title 11 > Chapter 58 > Part 2 - Utah Inland Port Authority

• Adjudicative proceeding: means :
       (2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
       (2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Agriculture water: means :
       (2)(a) water used by a farmer, rancher, or feed lot for the production of food, fiber, or fuel;
       (2)(b) return flows from irrigated agriculture; and
       (2)(c) agricultural storm water runoff. See Utah Code 19-5-102
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Authority: means the Utah Inland Port Authority, created in Section 11-58-201. See Utah Code 11-58-102
• Authority jurisdictional land: means land within the authority boundary delineated:
       (2)(a) in the electronic shapefile that is the electronic component of H. See Utah Code 11-58-102
• Board: means the Drinking Water Board appointed under Section 19-4-103. See Utah Code 19-4-102
• Board: means the Water Quality Board created in Section 19-1-106. See Utah Code 19-5-102
• Board: means the Utah Fire Prevention Board created in Section 53-7-203. See Utah Code 15A-1-102
• Board: means the authority's governing body, created in Section 11-58-301. See Utah Code 11-58-102
• Building: means a structure used or intended for supporting or sheltering any use or occupancy and any improvements attached to it. See Utah Code 15A-1-202
• Business plan: means a plan designed to facilitate, encourage, and bring about development of the authority jurisdictional land to achieve the goals and objectives described in Subsection 11-58-203(1), including the development and establishment of an inland port. See Utah Code 11-58-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Code: means :
       (5)(a) the State Construction Code; or
       (5)(b) an approved code. See Utah Code 15A-1-202
• Commission: means the Conservation Commission, created in Section 4-18-104. See Utah Code 19-5-102
• Community water system: means a public water system that serves residents year-round. See Utah Code 19-4-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Construction code: means standards and specifications published by a nationally recognized code authority for use in circumstances described in Subsection 15A-1-204(1), including:
       (8)(a) a building code;
       (8)(b) an electrical code;
       (8)(c) a residential one and two family dwelling code;
       (8)(d) a plumbing code;
       (8)(e) a mechanical code;
       (8)(f) a fuel gas code;
       (8)(g) an energy conservation code;
       (8)(h) a swimming pool and spa code;
       (8)(i) a manufactured housing installation standard code; and
       (8)(j) Modular Building Institute Standards 1200 and 1205, issued by the International Code Council, except as specifically modified by provisions of this title governing modular units. See Utah Code 15A-1-202
• Construction documents: means the same as that term is defined by Modular Building Institute Standards 1200. See Utah Code 15A-1-302
• Contaminant: means a physical, chemical, biological, or radiological substance or matter in water. See Utah Code 19-4-102
• Contaminant: means a physical, chemical, biological, or radiological substance or matter in water. See Utah Code 19-5-102
• Contaminated land: means land:
       (6)(a) within a project area; and
       (6)(b) that contains hazardous materials, as defined in Section 19-6-302, hazardous substances, as defined in Section 19-6-302, or landfill material on, in, or under the land. See Utah Code 11-58-102
• 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.
• County legislative body: means :
       (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
       (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
       (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decal: means a form of certification, created by the Division of Facilities Construction and Management and issued by a third party inspection agency, to be permanently attached to a module, panelized system, or modular building unit indicating that the module, panelized system, or modular building unit has been constructed to meet or exceed applicable building code requirements. See Utah Code 15A-1-302
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• 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
• Director: means the director of the Division of Drinking Water. See Utah Code 19-4-102
• Director: means the director of the Division of Water Quality or, for purposes of groundwater quality at a facility licensed by and under the jurisdiction of the Division of Waste Management and Radiation Control, the director of the Division of Waste Management and Radiation Control. See Utah Code 19-5-102
• Discharge: means the addition of a pollutant to waters of the state. See Utah Code 19-5-102
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Distribution center: means a building that is:
       (9)(a) used for the storage, sorting, and distribution of goods intended for sale; and
       (9)(b) not associated with or operated in conjunction with an adjacent manufacturing facility. See Utah Code 11-58-102
• Division: means the Division of Drinking Water, created in Subsection 19-1-105(1)(b). See Utah Code 19-4-102
• Division: means the Division of Water Quality, created in Subsection 19-1-105(1)(e). See Utah Code 19-5-102
• Division: means the Division of Professional Licensing created in Section 58-1-103, except as provided in:
       (2)(a) Part 4, State Fire Code Administration Act; and
       (2)(b) Chapter 5, State Fire Code Act. See Utah Code 15A-1-102
• Division: means the State Fire Marshal Division created in Section 53-7-103. See Utah Code 15A-1-402
• Effluent limitations: means restrictions, requirements, or prohibitions, including schedules of compliance established under this chapter, that apply to discharges. See Utah Code 19-5-102
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• 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 department appointed pursuant to Section 19-1-104. See Utah Code 19-1-103
• Factory built housing: means a manufactured home or mobile home. See Utah Code 15A-1-302
• Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Groundwater source: includes :
            (6)(b)(i) a well;
            (6)(b)(ii) a spring;
            (6)(b)(iii) a tunnel; or
            (6)(b)(iv) an adit. See Utah Code 19-4-102
• Highway: includes :
       (15)(a) a public bridge;
       (15)(b) a county way;
       (15)(c) a county road;
       (15)(d) a common road; and
       (15)(e) a state road. See Utah Code 68-3-12.5
• HUD Code: means the Federal Manufactured Housing Construction and Safety Standards Act, as issued by the Department of Housing and Urban Development and published in 24 C. See Utah Code 15A-2-102
• HUD Code: means the National Manufactured Housing Construction and Safety Standards Act, Utah Code 15A-1-302
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inland port: means one or more sites that:
       (10)(a) contain multimodal facilities, intermodal facilities, or other facilities that:

            (10)(a)(i) are related but may be separately owned and managed; and

            (10)(a)(ii) together are intended to:

                 (10)(a)(ii)(A) allow global trade to be processed and altered by value-added services as goods move through the supply chain;

                 (10)(a)(ii)(B) provide a regional merging point for transportation modes for the distribution of goods to and from ports and other locations in other regions;

                 (10)(a)(ii)(C) provide cargo-handling services to allow freight consolidation and distribution, temporary storage, customs clearance, and connection between transport modes; and

                 (10)(a)(ii)(D) provide international logistics and distribution services, including freight forwarding, customs brokerage, integrated logistics, and information systems; and
       (10)(b) may include a satellite customs clearance terminal, an intermodal facility, a customs pre-clearance for international trade, or other facilities that facilitate, encourage, and enhance regional, national, and international trade. See Utah Code 11-58-102
• Intermodal facility: means a facility for transferring containerized cargo between rail, truck, air, or other transportation modes. See Utah Code 11-58-102
• IRC: means the edition of the International Residential Code adopted under Section 15A-2-103. See Utah Code 15A-2-102
• 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.
• 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}
• Legislative action: includes legislation that:
       (2)(a) adopts a State Fire Code;
       (2)(b) amends a State Fire Code; or
       (2)(c) repeals one or more provisions of a State Fire Code. See Utah Code 15A-1-402
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local regulator: means the same as that term is defined in Section 15A-1-202. See Utah Code 15A-1-302
• Male: means the characteristic of an individual whose biological reproductive system is of the general type that functions to fertilize the ova of a female. See Utah Code 68-3-12.5
• Manufactured home: means a transportable factory built housing unit constructed on or after June 15, 1976, according to the HUD Code, in one or more sections, that:
       (8)(a) in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more square feet; and
       (8)(b) is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. See Utah Code 15A-1-302
• Manufacturing plant: means the same as that term is defined by Modular Building Institute Standards 1200. See Utah Code 15A-1-302
• Mobile home: means a transportable factory built housing unit built before June 15, 1976, in accordance with a state mobile home code which existed prior to the HUD Code. See Utah Code 15A-1-302
• modular building unit: means a structure:
       (12)(a) constructed from one or more modules or panelized systems that is manufactured in accordance with the State Construction Code and transported to a location;
       (12)(b) the purpose of which is for human habitation, occupancy, or use; and
       (12)(c) is not a factory-built house, manufactured home, or mobile home. See Utah Code 15A-1-302
• Modular manufacturer: means the entity responsible for manufacturing a panelized system or module. See Utah Code 15A-1-302
• Module: means a three-dimensional, volumetric section of a modular building unit designed and approved to be transported as a single section, independent of other sections, to a location for onsite construction. See Utah Code 15A-1-302
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• 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.
• Offsite construction: means a modular building unit that:
       (14)(a) is designed and constructed in compliance with this part;
       (14)(b) is wholly or in substantial part fabricated in a manufacturing plant for installation at an onsite location; and
       (14)(c) has been manufactured in such a manner that all parts or processes cannot be inspected at the end site location without disassembly, potentially resulting in damage or destruction to the modular building unit. See Utah Code 15A-1-302
• Onsite construction: means :
       (15)(a) the preparation of a location where a modular building unit will be installed, including preparation of site foundation, construction of any necessary supporting structure, and preparation to connect the modular building unit to necessary utilities; and
       (15)(b) assembly and installation of one or more modules or panelized systems in accordance with construction documents into a modular building unit, including completion of any site-related construction and connecting the modular building unit to necessary utilities. See Utah Code 15A-1-302
• Opinion: means a written, nonbinding, and advisory statement issued by the commission concerning an interpretation of the meaning of the codes or the application of the codes in a specific circumstance issued in response to a specific request by a party to the issue. See Utah Code 15A-1-202
• Panelized system: means a closed wall, roof, or floor component that is constructed at a manufacturing plant or by a modular manufacturer in a manner that prevents the construction from being fully inspected at an onsite location without disassembly, damage, or destruction. See Utah Code 15A-1-302
• 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
• 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
• Plaintiff: The person who files the complaint in a civil lawsuit.
• pollutant: means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water. See Utah Code 19-5-102
• Pollution: means a man-made or man-induced alteration of the chemical, physical, biological, or radiological integrity of waters of the state, unless the alteration is necessary for the public health and safety. See Utah Code 19-5-102
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Project area: means :
       (16)(a) the authority jurisdictional land, subject to Section 11-58-605; or
       (16)(b) land outside the authority jurisdictional land, whether consisting of a single contiguous area or multiple noncontiguous areas, described in a project area plan or draft project area plan, where the development project set forth in the project area plan or draft project area plan takes place or is proposed to take place. See Utah Code 11-58-102
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Property tax: includes a privilege tax and each levy on an ad valorem basis on tangible or intangible personal or real property. See Utah Code 11-58-102
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public entity: means :
       (21)(a) the state, including each department, division, or other agency of the state; or
       (21)(b) a county, city, town, school district, special district, special service district, interlocal cooperation entity, community reinvestment agency, or other political subdivision of the state, including the authority. See Utah Code 11-58-102
• Public infrastructure and improvements: includes :
            (22)(b)(i) facilities, lines, or systems that provide:

                 (22)(b)(i)(A) water, chilled water, or steam; or

                 (22)(b)(i)(B) sewer, storm drainage, natural gas, electricity, energy storage, clean energy, microgrids, or telecommunications service;
            (22)(b)(ii) streets, roads, curb, gutter, sidewalk, walkways, solid waste facilities, parking facilities, rail lines, intermodal facilities, multimodal facilities, and public transportation facilities;
            (22)(b)(iii) an inland port; and
            (22)(b)(iv) infrastructure, improvements, facilities, or buildings that are developed as part of a remediation project. See Utah Code 11-58-102
• Public water system: includes :
            (8)(b)(i) a collection, treatment, storage, or distribution facility under the control of the operator and used primarily in connection with the system; and
            (8)(b)(ii) a collection, pretreatment, or storage facility used primarily in connection with the system but not under the operator's control. See Utah Code 19-4-102
• Quorum: The number of legislators that must be present to do business.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remediation: includes :
       (23)(a) activities for the cleanup, rehabilitation, and development of contaminated land; and
       (23)(b) acquiring an interest in land within a remediation project area. See Utah Code 11-58-102
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Retail water supplier: means a person that:
       (9)(a) supplies water for human consumption and other domestic uses to an end user; and
       (9)(b) has more than 500 service connections. See Utah Code 19-4-102
• Road: includes :
       (33)(a) a public bridge;
       (33)(b) a county way;
       (33)(c) a county road;
       (33)(d) a common road; and
       (33)(e) a state road. See Utah Code 68-3-12.5
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sewage sludge: means solid, semisolid, or liquid residue removed during the treatment of municipal wastewater or domestic sewage. See Utah Code 19-5-102
• Sewerage system: means pipelines or conduits, pumping stations, and other constructions, devices, appurtenances, and facilities used for collecting or conducting wastes to a point of ultimate disposal. See Utah Code 19-5-102
• Shapefile: means the digital vector storage format for storing geometric location and associated attribute information. See Utah Code 11-58-102
• 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
• State Construction Code: means the State Construction Code adopted by:
       (3)(a) Chapter 2, Adoption of State Construction Code;
       (3)(b) Chapter 2a, Tall Wood Buildings of Mass Timber Construction Incorporated as Part of State Construction Code;
       (3)(c) Chapter 3, Statewide Amendments Incorporated as Part of State Construction Code;
       (3)(d) Chapter 4, Local Amendments Incorporated as Part of State Construction Code; and
       (3)(e) Chapter 6, Additional Construction Requirements. See Utah Code 15A-1-102
• State Fire Code: means the State Fire Code adopted by Chapter 5, State Fire Code Act. See Utah Code 15A-1-102
• Statute: A law passed by a legislature.
• Supplier: means a person who owns or operates a public water system. See Utah Code 19-4-102
• Third party inspection agency: means an entity approved by the Division of Facilities Construction and Management to be qualified to inspect a module or panelized system for compliance with the construction documents, compliance control, and applicable code. See Utah Code 15A-1-302
• Third party inspector: means a person who:
       (19)(a) is qualified to inspect a modular building unit for compliance with construction documents, compliance control, and applicable building code;
       (19)(b) works under the direction of a third party inspection agency;
       (19)(c) has been licensed by the division under Section 15A-1-307; and
       (19)(d) is approved by the Division of Facilities Construction and Management to conduct third party inspections, as described in Section 15A-1-307. See Utah Code 15A-1-302
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Treatment works: means a plant, disposal field, lagoon, dam, pumping station, incinerator, or other works used for the purpose of treating, stabilizing, or holding wastes. See Utah Code 19-5-102
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Underground injection: means the subsurface emplacement of fluids by well injection. See Utah Code 19-5-102
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Unregistered modular unit: means a modular unit that:
       (20)(a) has not been inspected as required by this title; or
       (20)(b) does not have a required decal. See Utah Code 15A-1-302
• Utah Code: means the Utah Code Annotated (1953), as amended. See Utah Code 15A-1-102
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5
• Wholesale water supplier: means a person that provides most of that person's water to a retail water supplier. See Utah Code 19-4-102
• 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