Utah Code > Title 15A > Chapter 3 – Statewide Amendments Incorporated as Part of State Construction Code
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Terms Used In Utah Code > Title 15A > Chapter 3 - Statewide Amendments Incorporated as Part of State Construction Code
- Acknowledgment: means a notarial act in which a notary certifies that a signer, whose identity is personally known to the notary or proven on the basis of satisfactory evidence, has admitted, in the presence of the notary, to voluntarily signing a document for the document's stated purpose. See Utah Code 46-1-2
- 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
- Administrator: includes "executor" when the subject matter justifies the use. 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.
- 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.
- affirmation: means a notarial act in which a notary certifies that a person made a vow or affirmation in the presence of the notary on penalty of perjury. See Utah Code 46-1-2
- 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- Air pollutant: means a substance that qualifies as an air pollutant as defined in Utah Code 19-2-102
- Air pollutant source: means private and public sources of emissions of air pollutants. See Utah Code 19-2-102
- Air pollution: means the presence of an air pollutant in the ambient air in the quantities, for a duration, and under the conditions and circumstances that are injurious to human health or welfare, animal or plant life, or property, or would unreasonably interfere with the enjoyment of life or use of property, as determined by the rules adopted by the board. See Utah Code 19-2-102
- Alternative fuel: means :
(2)(a) propane, natural gas, or electricity; or(2)(b) other fuel that the board determines, by rule, to be:(2)(b)(i) at least as effective in reducing air pollution as the fuels listed in Subsection (2)(a); or(2)(b)(ii) substantially more effective in reducing air pollution as the fuel for which the engine was originally designed. See Utah Code 19-2-302- Ambient air: means that portion of the atmosphere, external to buildings, to which the general public has access. See Utah Code 19-2-102
- 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.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- 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.
- Asbestos: means the asbestiform varieties of serpentine (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite, anthophyllite, actinolite-tremolite, and libby amphibole. See Utah Code 19-2-102
- Asbestos-containing material: means a material containing more than 1% asbestos, as determined using the method adopted in Utah Code 19-2-102
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- 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- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Before me: means that an individual appears in the presence of the notary. See Utah Code 46-1-2
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- 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- Board: means the Air Quality Board. See Utah Code 19-2-102
- Board: means the Waste Management and Radiation Control Board created under Section 19-1-106. See Utah Code 19-3-102
- Board: means the Air Quality Board. See Utah Code 19-2-202
- Board: means the Air Quality Board. See Utah Code 19-2-302
- Broker: means a person who performs one or more of the following functions for a generator:
(2)(a)(i) arranges for transportation of the radioactive waste;(2)(a)(ii) collects or consolidates shipments of radioactive waste; or(2)(a)(iii) processes radioactive waste in some manner. See Utah Code 19-3-102- Byproduct material: means the same as that term is defined in Utah Code 19-3-102
- Certified: means certified by the United States Environmental Protection Agency or the California Air Resources Board to meet appropriate emission standards. See Utah Code 19-2-202
- City: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5- Commission: means the Conservation Commission, created in Section 4-18-104. See Utah Code 19-5-102
- Commission: means the Outdoor Adventure Commission. See Utah Code 41-22-2
- Commission: means :
(3)(a) to empower to perform notarial acts; or(3)(b) the written document that gives authority to perform notarial acts, including the Certificate of Authority of Notary Public that the lieutenant governor issues to a notary. See Utah Code 46-1-2- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- 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.
- 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 Section19-6-302 , hazardous substances, as defined in Section19-6-302 , 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.
- Conversion equipment: means equipment designed to:
(5)(a) allow an eligible vehicle to operate on an alternative fuel; and(5)(b) reduce an eligible vehicle's emissions of regulated pollutants, as demonstrated by:(5)(b)(i) certification of the conversion equipment by the Environmental Protection Agency or by a state or country that has certification standards that are recognized, by rule, by the board;(5)(b)(ii) testing the eligible vehicle, before and after the installation of the equipment, in accordance with Utah Code 19-2-302- Conviction: A judgement of guilt against a criminal defendant.
- Copy certification: means a notarial act in which a notary certifies that a photocopy is an accurate copy of a document that is neither a public record nor publicly recorded. See Utah Code 46-1-2
- 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.
- Cost: means the total reasonable cost of a project eligible for a grant under the fund, including the cost of labor. See Utah Code 19-2-202
- Cost: means the total reasonable cost of a conversion kit and the paid labor, if any, required to install it. See Utah Code 19-2-302
- Counterclaim: A claim that a defendant makes against a plaintiff.
- County executive: means :
(7)(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;(7)(b) the county executive, in the county executive-council optional form of government authorized by Section17-52a-203 ; or(7)(c) the county manager, in the council-manager optional form of government authorized by Section17-52a-204 . See Utah Code 68-3-12.5- 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 Section17-52a-203 ; and(8)(c) the county council, in the council-manager optional form of government authorized by Section17-52a-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.
- 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
- Director: means the director of the Division of Air Quality. See Utah Code 19-2-102
- Director: means the director of the Division of Waste Management and Radiation Control. See Utah Code 19-3-102
- Director: means the director of the Division of Air Quality. See Utah Code 19-2-202
- Director: means the director of the Division of Air Quality. See Utah Code 19-2-302
- Discharge: means the addition of a pollutant to waters of the state. See Utah Code 19-5-102
- Discharge permit: means a permit issued to a person who:
(8)(a) discharges or whose activities would probably result in a discharge of pollutants into the waters of the state; or(8)(b) generates or manages sewage sludge. 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 Outdoor Recreation. See Utah Code 41-22-2
- 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 Division of Air Quality created in Section 19-1-105. See Utah Code 19-2-102
- Division: means the Division of Waste Management and Radiation Control, created in Subsection 19-1-105(1)(d). See Utah Code 19-3-102
- Division: means the Division of Air Quality, created in Subsection 19-1-105(1)(a). See Utah Code 19-2-202
- Division: means the Division of Air Quality, created in Subsection 19-1-105(1)(a). See Utah Code 19-2-302
- 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
- Electronic notarization: means :
(5)(a) a remote notarization; or(5)(b) a notarization:(5)(b)(i) in an electronic format;(5)(b)(ii) of a document that may be recorded electronically under SubsectionUtah Code 46-1-2 - Electronic recording: means the audio and video recording, described in Subsection
Utah Code 46-1-2 - Electronic seal: means an electronic version of the seal described in Section
46-1-16 , that conforms with rules made under SubsectionUtah Code 46-1-2 - Electronic signature: means the same as that term is defined in Section
46-4-102 . See Utah Code 46-1-2- Eligible vehicle: means a:
(9)(a) commercial vehicle, as defined in Section 41-1a-102;(9)(b) farm tractor, as defined in Section 41-1a-102; or(9)(c) motor vehicle, as defined in Section 41-1a-102. See Utah Code 19-2-302- Environmental mitigation: means an action or activity intended to remedy, reduce, or offset known negative impacts to the environment. See Utah Code 19-1-602
- Environmental response action: means action taken to prevent, eliminate, minimize, investigate, monitor, clean up, or remove contaminants in the environment. See Utah Code 19-1-602
- Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- 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
- 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
- Final judgment: means a final ruling or judgment, including any supporting opinion, that determines the rights of the parties and concerning which all appellate remedies have been exhausted or the time for appeal has expired. See Utah Code 19-3-303
- Financial assurance: means a mechanism or instrument intended to provide funds if necessary to the department to conduct closure, monitoring, or cleanup of a specific facility or site in accordance with the applicable environmental requirements provided in this title. See Utah Code 19-1-602
- 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.
- Fraud: Intentional deception resulting in injury to another.
- Funding source: means an individual or entity that provides a monetary contribution to the Environmental Mitigation and Response Fund. See Utah Code 19-1-602
- Generator: means a person who:
(7)(a) possesses any material or component:(7)(a)(i) that contains radioactivity or is radioactively contaminated; and(7)(a)(ii) for which the person foresees no further use; and(7)(b) transfers the material or component to:(7)(b)(i) a commercial radioactive waste treatment or disposal facility; or(7)(b)(ii) a broker. See Utah Code 19-3-102- Goods: means any materials or supplies, whether raw, processed, or manufactured. See Utah Code 19-3-303
- Grantor: The person who establishes a trust and places property into it.
- Gross value of the contract: means the totality of the consideration received for any goods, services, or municipal-type services delivered or rendered in the state without any deduction for expense paid or accrued with respect to it. See Utah Code 19-3-303
- 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- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: includes a person who:
(14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or(14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5- High-level nuclear waste: means spent reactor fuel assemblies, dismantled nuclear reactor components, and solid and liquid wastes from fuel reprocessing and defense-related wastes. See Utah Code 19-3-102
- 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- In the presence of the notary: means that an individual:
(9)(a) is physically present with the notary in close enough proximity to see and hear the notary; or(9)(b) communicates with a remote notary by means of an electronic device or process that:(9)(b)(i) allows the individual and remote notary to communicate with one another simultaneously by sight and sound; and(9)(b)(ii) complies with rules made under SectionUtah Code 46-1-2 - Indirect source: means a facility, building, structure, or installation which attracts or may attract mobile source activity that results in emissions of a pollutant for which there is a national standard. See Utah Code 19-2-102
- 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
- Jurat: means a notarial act in which a notary certifies:
(10)(a) the identity of a signer who:(10)(a)(i) is personally known to the notary; or(10)(a)(ii) provides the notary satisfactory evidence of the signer's identity;(10)(b) that the signer affirms or swears an oath attesting to the truthfulness of a document; and(10)(c) that the signer voluntarily signs the document in the presence of the notary. See Utah Code 46-1-2- 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 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.
- Libel: means a malicious defamation, expressed either by printing or by signs or pictures or the like, tending to blacken the memory of one who is dead, or to impeach the honesty, integrity, virtue or reputation, or publish the natural defects of one who is alive, and thereby to expose him to public hatred, contempt or ridicule. See Utah Code 45-2-2
- Low-level radioactive waste: means waste material that contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities that exceed applicable federal or state standards for unrestricted release. See Utah Code 19-3-102
- 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
- Manufacturer: means a person engaged in the business of manufacturing off-highway vehicles. See Utah Code 41-22-2
- Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
- Motor vehicle: includes an off-highway vehicle. See Utah Code 41-22-2
- Municipal-type services: includes , but is not limited to:
(6)(a) fire protection service;(6)(b) waste and garbage collection and disposal;(6)(c) planning and zoning;(6)(d) street lighting;(6)(e) life support and paramedic services;(6)(f) water;(6)(g) sewer;(6)(h) electricity;(6)(i) natural gas or other fuel; or(6)(j) law enforcement. See Utah Code 19-3-303- Natural resource damage: means damages to land, fish, wildlife, biota, air, water, ground water, drinking water supplies, and other resources that are held in trust for the public or otherwise controlled by the United States, the state, or local government. See Utah Code 19-1-602
- Nonvoting member: means an individual appointed as a member of the board under Subsection
11-58-302 (3) who does not have the power to vote on matters of authority business. See Utah Code 11-58-102- Notarial certificate: means the affidavit described in Section
Utah Code 46-1-2 - notarization: means an act that a notary is authorized to perform under Section
46-1-6 . See Utah Code 46-1-2- Notary: includes a remote notary. See Utah Code 46-1-2
- Oath: A promise to tell the truth.
- Oath: includes "affirmation. 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.
- Off-highway implement of husbandry: means every all-terrain type I vehicle, all-terrain type II vehicle, all-terrain type III vehicle, motorcycle, or snowmobile that is used by the owner or the owner's agent for agricultural operations. See Utah Code 41-22-2
- Off-highway vehicle: means any snowmobile, all-terrain type I vehicle, all-terrain type II vehicle, all-terrain type III vehicle, or motorcycle. See Utah Code 41-22-2
- Official misconduct: means a notary's performance of any act prohibited or failure to perform any act mandated by this chapter or by any other law in connection with a notarial act. See Utah Code 46-1-2
- Official seal: includes an electronic seal. See Utah Code 46-1-2
- Operate: means to control the movement of or otherwise use an off-highway vehicle. See Utah Code 41-22-2
- Operator: means the person who is in actual physical control of an off-highway vehicle. See Utah Code 41-22-2
- Organization: means a corporation, limited liability company, partnership, limited liability partnership, joint venture, consortium, association, trust, or other entity formed to undertake an enterprise, whether or not for profit. See Utah Code 19-3-303
- Organized user group: means an off-highway vehicle organization incorporated as a nonprofit corporation in the state under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, for the purpose of promoting the interests of off-highway vehicle recreation. See Utah Code 41-22-2
- Oversight: Committee review of the activities of a Federal agency or program.
- Owner: means a person, other than a person with a security interest, having a property interest or title to an off-highway vehicle and entitled to the use and possession of that vehicle. See Utah Code 41-22-2
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- 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- Personally known: means familiarity with an individual resulting from interactions with that individual over a period of time sufficient to eliminate every reasonable doubt that the individual has the identity claimed. See Utah Code 46-1-2
- Placement: means transportation, transfer, storage, decay in storage, treatment, or disposal. See Utah Code 19-3-303
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Political subdivision: means any county, city, town, school district, public transit district, redevelopment agency, special improvement or taxing district, or other governmental subdivision or public corporation. See Utah Code 19-3-303
- 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
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Project area: means :
(16)(a) the authority jurisdictional land, subject to Section11-58-605 ; 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- Project area plan: means a written plan that, after its effective date, guides and controls the development within a project area. See Utah Code 11-58-102
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- 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 land: means land owned or administered by any federal or state agency or any political subdivision of the state. See Utah Code 41-22-2
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- 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.
- Radiation: means ionizing and nonionizing radiation, including gamma rays, X-rays, alpha and beta particles, high speed electrons, and other nuclear particles. See Utah Code 19-3-102
- Radioactive: means any solid, liquid, or gas which emits radiation spontaneously from decay of unstable nuclei. See Utah Code 19-3-102
- 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- Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
- Register: means the act of assigning a registration number to an off-highway vehicle. See Utah Code 41-22-2
- 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- Remote notarization: means a notarial act performed by a remote notary in accordance with this chapter for an individual who is not in the physical presence of the remote notary at the time the remote notary performs the notarial act. See Utah Code 46-1-2
- Remote notary: means a notary that holds an active remote notary certification under Section
Utah Code 46-1-2 - 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- Rule: means a rule made by the department under Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 19-3-303
- Satisfactory evidence of identity: means :
(20)(a)(i) for both an in-person and remote notarization, identification of an individual based on:(20)(a)(i)(A) subject to Subsection (20)(b), valid personal identification with the individual's photograph, signature, and physical description that the United States government, any state within the United States, or a foreign government issues;(20)(a)(i)(B) subject to Subsection (20)(b), a valid passport that any nation issues; or(20)(a)(i)(C) the oath or affirmation of a credible person who is personally known to the notary and who personally knows the individual; and(20)(a)(ii) for a remote notarization only, a third party's affirmation of an individual's identity in accordance with rules made under SectionUtah Code 46-1-2 - services: means any work or governmental program which provides a benefit. See Utah Code 19-3-303
- 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
- Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
(34)(a) sex and reproductive organ anatomy;(34)(b) chromosomal makeup; and(34)(c) endogenous hormone profiles. 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
- Signature witnessing: means a notarial act in which an individual:
(21)(a) appears in the presence of the notary and presents a document;(21)(b) provides the notary satisfactory evidence of the individual's identity, or is personally known to the notary; and(21)(c) signs the document in the presence of the notary. See Utah Code 46-1-2- Slander: means any libel communicated by spoken words. See Utah Code 45-2-2
- Snowmobile: means any motor vehicle designed for travel on snow or ice and steered and supported in whole or in part by skis, belts, cleats, runners, or low pressure tires, and equipped with a saddle or seat for the use of the rider. See Utah Code 41-22-2
- Statute: A law passed by a legislature.
- Storage facility: means any facility which stores, holds, or otherwise provides for the emplacement of waste regardless of the intent to recover that waste for subsequent use, processing, or disposal. See Utah Code 19-3-303
- Summons: Another word for subpoena used by the criminal justice system.
- Supplier: means a person who owns or operates a public water system. See Utah Code 19-4-102
- Swear: includes "affirm. See Utah Code 68-3-12.5
- Total maximum daily load: means a calculation of the maximum amount of a pollutant that a body of water can receive and still meet water quality standards. See Utah Code 19-5-102
- Town: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5- Transfer facility: means any facility which transfers waste from and between transportation modes, vehicles, cars, or other units, and includes rail terminals and intermodal transfer points. See Utah Code 19-3-303
- 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.
- Trustee: A person or institution holding and administering property in trust.
- Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
- 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
- Unlicensed facility: means a structure, road, or property:
(12)(a) adjacent to, but outside of, a licensed or permitted area; and(12)(b) that is not used for waste disposal or waste management. See Utah Code 19-3-102- Unused funds: means the remaining funds from a specific funding source following the complete implementation of the environmental mitigation or response actions pursuant to the terms and conditions of the contribution. See Utah Code 19-1-602
- User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
- Utah Code: means the Utah Code Annotated (1953), as amended. See Utah Code 15A-1-102
- Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
(42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or(42)(b)(42)(b)(i) after the day described in Subsection (42)(a); and(42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5- Venue: The geographical location in which a case is tried.
- Verified: means verified by the United States Environmental Protection Agency or the California Air Resources Board to reduce air emissions and meet durability requirements. See Utah Code 19-2-202
- 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
- Voting member: means an individual appointed or designated as a member of the board under Subsection
11-58-302 (2). See Utah Code 11-58-102- wastes: means high-level nuclear waste and greater than class C radioactive waste. See Utah Code 19-3-303
- 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