Utah Code > Title 15A > Chapter 5 – State Fire Code Act

		Sections
Part 1	General Provisions	15A-5-101 – 15A-5-104
Part 2	Statewide Amendments and Additions to International Fire Code Incorporated as Part of State Fire Code	15A-5-201 – 15A-5-208
Part 3	Amendments and Additions to National Fire Protection Association Incorporated as Part of State Fire Code	15A-5-301 – 15A-5-304

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Terms Used In Utah Code > Title 15A > Chapter 5 - State Fire Code Act

abandoned horse: as used in this chapter means any horse, ass, mule or other animal of the genus Equus, unbranded, or, if branded, that has escaped assessment for taxation for the year next preceding the killing of such animal as hereinafter provided for, and running at large upon the open range of this state, and includes a foal running with a dam coming within the above definition. See Utah Code 47-2-1
Abandoned waste tire pile: means a waste tire pile regarding which the local department of health has not been able to:
(1)(a) locate the persons responsible for the tire pile; or
(1)(b) cause the persons responsible for the tire pile to remove the tire pile. See Utah Code 19-6-803
Abatement action: includes control of the source of the contamination. See Utah Code 19-6-302
Abatement action: means action taken to limit, reduce, mitigate, or eliminate:
(1)(a) a release from a petroleum storage tank; or
(1)(b) the damage caused by that release. See Utah Code 19-6-402
Aboveground petroleum storage tank: means a storage tank that is, by volume, less than 10% buried in the ground, including the pipes connected to the storage tank and:
     (2)(a)
          (2)(a)(i) has attached underground piping; or
          (2)(a)(ii) rests directly on the ground;
     (2)(b) contains regulated substances;
     (2)(c) has the capacity to hold 501 gallons or more; and
     (2)(d) is not:
          (2)(d)(i) used in agricultural operations, as defined by the board by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
          (2)(d)(ii) used for heating oil for consumptive use on the premises where stored;
          (2)(d)(iii) related to a petroleum facility under SIC Code 2911 or 5171 of the 1987 Standard Industrial Classification Manual of the federal Executive Office of the President, Office of Management and Budget;
          (2)(d)(iv) directly related to oil or gas production and gathering operations; or
          (2)(d)(v) used in the fueling of aircraft or ground service equipment at a commercial airport that serves passengers or cargo, with commercial airport defined in Section 72-10-102. See Utah Code 19-6-402
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
Advanced recycling: means a manufacturing process that converts post-use polymers or recovered feedstock into basic raw materials, chemicals, or advanced recycling products using technology including:
          (1)(a)(i) pyrolysis;
          (1)(a)(ii) gasification;
          (1)(a)(iii) depolymerization;
          (1)(a)(iv) catalytic cracking;
          (1)(a)(v) reforming;
          (1)(a)(vi) hydrogenation;
          (1)(a)(vii) solvolysis; or
          (1)(a)(viii) chemolysis. See Utah Code 19-6-502
Advanced recycling facility: means a manufacturing facility:
     (2)(a) that is registered with the Division of Waste Management and Radiation Control, created in Subsection 19-1-105(1)(d);
     (2)(b) that receives, stores, and converts post-use polymers or recovered feedstock using advanced recycling;
     (2)(c) that is subject to applicable Department of Environmental Quality manufacturing regulations for air, water, waste, and land use; and
     (2)(d) for which the feedstock received by the manufacturing facility is source-separated, diverted, or recovered from municipal or other waste streams prior to acceptance at the facility. See Utah Code 19-6-502
Advanced recycling product: means a recycled product produced at an advanced recycling facility, including:
     (3)(a) a monomer;
     (3)(b) an oligomer;
     (3)(c) a plastic;
     (3)(d) a chemical feedstock;
     (3)(e) a basic and unfinished chemical;
     (3)(f) a wax;
     (3)(g) a lubricant;
     (3)(h) a coating; or
     (3)(i) an adhesive. See Utah Code 19-6-502
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.
AHJ: means "authority having jurisdiction" which is:
     (2)(a) the State Fire Marshal;
     (2)(b) an authorized deputy of the State Fire Marshal; or
     (2)(c) the local fire enforcement authority. See Utah Code 15A-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.
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
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.
Beneficial use: includes the use of chipped tires:
          (2)(b)(i) as daily landfill cover;
          (2)(b)(ii) for civil engineering purposes;
          (2)(b)(iii) as low-density, light-weight aggregate fill; or
          (2)(b)(iv) for septic or drain field construction. See Utah Code 19-6-803
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 Waste Management and Radiation Control Board created in Section 19-1-106. See Utah Code 19-6-102
Board: means the Waste Management and Radiation Control Board created in Section 19-1-106. See Utah Code 19-6-202
Board: means the Waste Management and Radiation Control Board created in Section 19-1-106. See Utah Code 19-6-402
Board: means the Waste Management and Radiation Control Board appointed under Title 19, Chapter 6, Hazardous Substances. See Utah Code 19-6-601
Board: means the Waste Management and Radiation Control Board created under Section 19-1-106. See Utah Code 19-6-803
Board: means the Waste Management and Radiation Control Board, as defined in Section 19-1-106, within the Department of Environmental Quality. See Utah Code 19-6-902
Bodily injury: means bodily harm, sickness, disease, or death sustained by a person. See Utah Code 19-6-402
Bona fide prospective purchaser: has the meaning given in Utah Code 19-6-302
Capital asset: means an asset that:
     (1)(a) is a significant investment or an essential component necessary to provide a wastewater service, including:
          (1)(a)(i) a facility;
          (1)(a)(ii) infrastructure, whether above or below ground level;
          (1)(a)(iii) equipment; or
          (1)(a)(iv) a communications network; and
     (1)(b) is owned by a wastewater service provider. See Utah Code 19-5-201
CERCLA: means Utah Code 19-6-302
Certificate of compliance: means a certificate issued to a facility by the director:
     (5)(a) demonstrating that an owner or operator of a facility containing one or more petroleum storage tanks has met the requirements of this part; and
     (5)(b) listing petroleum storage tanks at the facility, specifying:
          (5)(b)(i) which tanks may receive petroleum; and
          (5)(b)(ii) which tanks have not met the requirements for compliance. See Utah Code 19-6-402
Certificate of registration: means a certificate issued to a facility by the director demonstrating that an owner or operator of a facility containing one or more petroleum storage tanks has:
(6)(a) registered the tanks; and
(6)(b) paid the annual tank fee. See Utah Code 19-6-402
Certified decontamination specialist: means an individual who has met the standards for certification as a decontamination specialist and has been certified by the board under Subsection 19-6-906(2). See Utah Code 19-6-902
Certified petroleum storage tank consultant: means a person who:
          (7)(a)(i) for a fee, or in connection with services for which a fee is charged, provides or contracts to provide information, opinions, or advice relating to underground storage tank release:
               (7)(a)(i)(A) management;
               (7)(a)(i)(B) abatement;
               (7)(a)(i)(C) investigation;
               (7)(a)(i)(D) corrective action; or
               (7)(a)(i)(E) evaluation;
          (7)(a)(ii) has submitted an application to the director;
          (7)(a)(iii) received a written statement of certification from the director; and
          (7)(a)(iv) meets the education and experience standards established by the board under Subsection 19-6-403(1)(a)(vii). See Utah Code 19-6-402
chipped tire: means a two inch square or smaller piece of a waste tire. See Utah Code 19-6-803
Cleanup action: means action taken according to the procedures established in this part to prevent, eliminate, minimize, mitigate, or clean up the release of a hazardous material from a facility. See Utah Code 19-6-302
Closed: means a petroleum storage tank that is no longer in use that has been:
     (8)(a) emptied and cleaned to remove the liquids and accumulated sludges; and
     (8)(b)
          (8)(b)(i) removed along with all underground components; or
          (8)(b)(ii) filled with an inert solid material, and in the case of piping, secured and capped. See Utah Code 19-6-402
Closure plan: means a plan under Section 19-6-108 to close a facility or site at which the owner or operator has disposed of nonhazardous solid waste or has treated, stored, or disposed of hazardous waste including, if applicable, a plan to provide postclosure care at the facility or site. See Utah Code 19-6-102
Commission: means the Utah State Tax Commission. See Utah Code 19-6-803
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.
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Consumer: includes a person who purchases a new tire for a motor vehicle to be rented or leased. See Utah Code 19-6-803
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
contamination: means :
(3)(a) polluted by hazardous materials that cause property to be unfit for human habitation or use due to immediate or long-term health hazards; or
(3)(b) that a property is polluted by hazardous materials as a result of the use, production, or presence of methamphetamine in excess of decontamination standards adopted by the Department of Health and Human Services under Section 26B-7-409. See Utah Code 19-6-902
Contamination list: means a list maintained by the local health department of properties:
(4)(a) reported to the local health department under Section 19-6-903; and
(4)(b) determined by the local health department to be contaminated. See Utah Code 19-6-902
Contiguous property owner: means a person who qualifies for the exemption from liability in Utah Code 19-6-302
Contract: A legal written agreement that becomes binding when signed.
Conviction: A judgement of guilt against a criminal defendant.
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.
Corrective action plan: means a plan for correcting a release from a petroleum storage tank that includes provisions for any of the following:
     (9)(a) cleanup or removal of the release;
     (9)(b) containment or isolation of the release;
     (9)(c) treatment of the release;
     (9)(d) correction of the cause of the release;
     (9)(e) monitoring and maintenance of the site of the release;
     (9)(f) provision of alternative water supplies to a person whose drinking water has become contaminated by the release; or
     (9)(g) temporary or permanent relocation, whichever is determined by the director to be more cost-effective, of a person whose dwelling has been determined by the director to be no longer habitable due to the release. See Utah Code 19-6-402
Costs: means money expended for:
     (10)(a) investigation;
     (10)(b) abatement action;
     (10)(c) corrective action;
     (10)(d) judgments, awards, and settlements for bodily injury or property damage to third parties;
     (10)(e) legal and claims adjusting costs incurred by the state in connection with judgments, awards, or settlements for bodily injury or property damage to third parties; or
     (10)(f) costs incurred by the state risk manager in determining the actuarial soundness of the fund. See Utah Code 19-6-402
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 Section 17-52a-203; or
     (7)(c) the county manager, in the council-manager optional form of government authorized by Section 17-52a-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 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
Covered by the fund: means the requirements of Section 19-6-424 have been met. See Utah Code 19-6-402
Crumb rubber: means waste tires that have been ground, shredded, or otherwise reduced in size such that the particles are less than or equal to 3/4 inch in diameter and are 98% wire free by weight. See Utah Code 19-6-803
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Decontaminated: means property that at one time was contaminated, but the contaminants have been removed. See Utah Code 19-6-902
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
Depolymerization: means a manufacturing process that breaks post-use polymers into smaller molecules to produce raw materials or products. See Utah Code 19-6-502
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
Director: means the director of the Division of Waste Management and Radiation Control. See Utah Code 19-6-102
Director: means the director of the Division of Environmental Response and Remediation. See Utah Code 19-6-402
Director: means the director of the Division of Waste Management and Radiation Control. See Utah Code 19-6-601
Director: means the director of the Division of Waste Management and Radiation Control. See Utah Code 19-6-803
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.
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid or hazardous waste into or on land or water so that the waste or any constituent of the waste may enter the environment, be emitted into the air, or discharged into any waters, including groundwaters. See Utah Code 19-6-102
Disposal: means the final disposition of hazardous wastes into or onto the lands, waters, and air of this state. See Utah Code 19-6-202
Disposal: means the deposit, dumping, or permanent placement of waste tire in or on land or in water in the state. See Utah Code 19-6-803
Disposal system: means a system for disposing of wastes and includes sewerage systems and treatment works. See Utah Code 19-5-102
Dispose of: means to deposit, dump, or permanently place waste tire in or on land or in water in the state. See Utah Code 19-6-803
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 Water Quality, created in Subsection 19-1-105(1)(e). See Utah Code 19-5-102
Division: means the State Fire Marshal Division created in Section 53-7-103. See Utah Code 15A-5-102
Division: means the Division of Waste Management and Radiation Control, created in Subsection 19-1-105(1)(d). See Utah Code 19-6-102
Division: means the Division of Environmental Response and Remediation, created in Subsection 19-1-105(1)(c). See Utah Code 19-6-402
Division: means the Division of Waste Management and Radiation Control created in Section 19-1-105. See Utah Code 19-6-803
Dwelling: means a building that is usually occupied by a person lodging there at night. See Utah Code 19-6-402
Dwelling unit: includes a hotel room, dormitory room, apartment, condominium, sleeping room in a nursing home, or similar living unit. See Utah Code 15A-5-102
Enforcement action: means the procedures contained in Section 19-6-306 to enforce orders, rules, and agreements authorized by this part. See Utah Code 19-6-302
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 department appointed pursuant to Section 19-1-104. See Utah Code 19-1-103
Facility: means :
(7)(a)(i) any building, structure, installation, equipment, pipe, or pipeline, including any pipe into a sewer or publicly owned treatment works, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft; or
(7)(a)(ii) any site or area where a hazardous material or substance has been deposited, stored, disposed of, or placed, or otherwise come to be located. See Utah Code 19-6-302
Facility: means the petroleum storage tanks located on a single parcel of property or on any property adjacent or contiguous to that parcel. See Utah Code 19-6-402
Fiduciary: A trustee, executor, or administrator.
Fire jurisdiction: means a contiguous geographic area for which there is a single authority having jurisdiction. See Utah Code 15A-5-102
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.
Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
Fraud: Intentional deception resulting in injury to another.
Fund: means the Hazardous Substances Mitigation Fund created by Section 19-6-307. See Utah Code 19-6-302
Fund: means the Petroleum Storage Tank Fund created in Section 19-6-409. See Utah Code 19-6-402
Fund: means the Waste Tire Recycling Fund created in Section 19-6-807. See Utah Code 19-6-803
Gasification: means a manufacturing process that:
(5)(a) heats post-use polymers or recovered feedstock in an oxygen-controlled atmosphere; and
(5)(b) following the process described in Subsection (5)(a), converts the polymers or recovered feedstock into syngas or a raw, intermediate, or final product. See Utah Code 19-6-502
generated: means the act or process of producing nonhazardous solid or hazardous waste. See Utah Code 19-6-102
Governing body: means a political subdivision governing body defined in Section 63A-15-102. See Utah Code 19-5-201
Governing body: means the governing board, commission, or council of a public entity. See Utah Code 19-6-502
Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
Hazardous materials: means hazardous waste as defined in the Utah Hazardous Waste Management Regulations, PCBs, dioxin, asbestos, or a substance regulated under Utah Code 19-6-302
Hazardous substances: means the definition of hazardous substances contained in CERCLA. See Utah Code 19-6-302
Hazardous substances priority list: means a list of facilities meeting the criteria established by Section 19-6-311 that may be addressed under the authority of this part. See Utah Code 19-6-302
Hazardous waste: means a solid waste or combination of solid wastes other than household waste that, because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. See Utah Code 19-6-102
Hazardous wastes: means hazardous waste as defined in Section 19-6-102. See Utah Code 19-6-202
Health department: means a local health department under Title 26A, Local Health Authorities. See Utah Code 19-6-902
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
Household waste: means any waste material, including garbage, trash, and sanitary wastes in septic tanks, derived from households, including single-family and multiple-family residences, hotels and motels, bunk houses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas. See Utah Code 19-6-102
IFC: means the edition of the International Fire Code adopted under Section 15A-5-103. See Utah Code 15A-5-102
Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
Infectious waste: means a solid waste that contains or may reasonably be expected to contain pathogens of sufficient virulence and quantity that exposure to the waste by a susceptible host could result in an infectious disease. See Utah Code 19-6-102
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Innocent landowner: means a person who qualifies for the exemption from liability in Utah Code 19-6-302
Intellectual disability: means a significant, subaverage general intellectual functioning that:
(16)(a) exists concurrently with deficits in adaptive behavior; and
(16)(b) is manifested during the developmental period as defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association. See Utah Code 68-3-12.5
Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
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.
Jurisdiction: means the area within the incorporated limits of:
     (7)(a) a municipality;
     (7)(b) a special service district;
     (7)(c) a municipal-type service district;
     (7)(d) a service area; or
     (7)(e) the territorial area of a county not lying within a municipality. See Utah Code 19-6-502
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
Landfill waste tire pile: means a waste tire pile:
(13)(a) located within the permitted boundary of a landfill or transfer station operated by a governmental entity; and
(13)(b) consisting solely of waste tires brought to a landfill or transfer station for disposal and diverted from the landfill or transfer station waste stream to the waste tire pile. See Utah Code 19-6-803
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}
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Lien: A claim against real or personal property in satisfaction of a debt.
Local health department: means the local health department, as defined in Section 26A-1-102, with jurisdiction over the recycler. See Utah Code 19-6-803
Long-term agreement: means an agreement or contract having a term of more than five years but less than 50 years. See Utah Code 19-6-502
Manifest: means the form used for identifying the quantity, composition, origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment, or storage. See Utah Code 19-6-102
Mass balance attribution: means a chain of custody accounting methodology with rules defined by a third-party certification system that enables the attribution of the mass of advanced recycling feedstock to at least one advanced recycling product. See Utah Code 19-6-502
Materials derived from waste tires: means tire sections, tire chips, tire shreddings, rubber, steel, fabric, or other similar materials derived from waste tires. See Utah Code 19-6-803
Mixed waste: means material that is a hazardous waste as defined in this chapter and is also radioactive as defined in Section 19-3-102. See Utah Code 19-6-102
Mobile facility: means a mobile facility capable of cutting waste tires on site so the waste tires may be effectively disposed of by burial, such as in a landfill. See Utah Code 19-6-803
Modification request: means a request under Section 19-6-108 to modify a permitted facility or site for the purpose of disposing of nonhazardous solid waste or treating, storing, or disposing of hazardous waste. See Utah Code 19-6-102
Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
Municipal residential waste: means solid waste that is:
     (10)(a) discarded or rejected at a residence within the public entity's jurisdiction; and
     (10)(b) collected at or near the residence by:
          (10)(b)(i) a public entity; or
          (10)(b)(ii) a person with whom the public entity has as an agreement to provide solid waste management. See Utah Code 19-6-502
National Contingency Plan: means the National Oil and Hazardous Substance Contingency plan established by CERCLA. See Utah Code 19-6-302
National Priority List: means the list established by CERCLA. See Utah Code 19-6-302
National priority list site: means a site in Utah that is listed on the National Priority List. See Utah Code 19-6-302
NFPA: means the edition of the National Fire Protection Association adopted under Section 15A-5-103. See Utah Code 15A-5-102
nonhazardous solid or hazardous waste operation plan: means a plan or approval under Section 19-6-108, including:
     (16)(a) a plan to own, construct, or operate a facility or site for the purpose of transferring, treating, or disposing of nonhazardous solid waste or treating, storing, or disposing of hazardous waste;
     (16)(b) a closure plan;
     (16)(c) a modification request; or
     (16)(d) an approval that the director is authorized to issue. See Utah Code 19-6-102
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.
Operator: means a person in control of or who is responsible on a daily basis for the maintenance of a petroleum storage tank that is in use for the storage, use, or dispensing of a regulated substance. See Utah Code 19-6-402
Oversight: Committee review of the activities of a Federal agency or program.
Owner: means :
     (19)(a) in the case of an underground storage tank in use on or after November 8, 1984, a person who owns an underground storage tank used for the storage, use, or dispensing of a regulated substance;
     (19)(b) in the case of an underground storage tank in use before November 8, 1984, but not in use on or after November 8, 1984, a person who owned the tank immediately before the discontinuance of its use for the storage, use, or dispensing of a regulated substance; and
     (19)(c) in the case of an aboveground petroleum storage tank, a person who owns the aboveground petroleum storage tank. See Utah Code 19-6-402
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.
Passenger tire equivalent: means a measure of mixed sizes of tires where each 25 pounds of whole tires or material derived from waste tires is equal to one waste tire. See Utah Code 19-6-803
Permit: includes an operation plan. See Utah Code 19-6-102
Permittee: means a person who is obligated under an operation plan. See Utah Code 19-6-102
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
Petroleum: includes crude oil or a fraction of crude oil that is liquid at:
(20)(a) 60 degrees Fahrenheit; and
(20)(b) a pressure of 14. See Utah Code 19-6-402
Petroleum storage tank: means a tank that:
     (21)(a) is an underground storage tank;
     (21)(b) is an aboveground petroleum storage tank; or
     (21)(c) is a tank containing regulated substances that is voluntarily submitted for participation in the Petroleum Storage Tank Fund under Section 19-6-415. See Utah Code 19-6-402
Plaintiff: The person who files the complaint in a civil lawsuit.
Primary municipality: means the municipality that has more authority jurisdictional land within the municipality's boundary than is included within the boundary of any other municipality. See Utah Code 11-58-600.5
Primary municipality differential: means property tax differential generated by a property tax levied:
(4)(a) on property in the reduced area; and
(4)(b) by the primary municipality. See Utah Code 11-58-600.5
Probate: Proving a will
Proceeds of the fee: means the money collected by the commission from payment of the recycling fee including interest and penalties on delinquent payments. See Utah Code 19-6-803
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Program: means the Environmental Assurance Program under Section Utah Code 19-6-402
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 damage: means physical injury to, destruction of, or loss of use of tangible property. See Utah Code 19-6-402
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 :
     (13)(a) a county;
     (13)(b) a municipality;
     (13)(c) a special service district under Title 17D, Chapter 1, Special Service District Act;
     (13)(d) a service area under Title 17B, Chapter 2a, Part 9, Service Area Act; or
     (13)(e) a municipal-type service district created under Title 17, Chapter 34, Municipal-Type Services to Unincorporated Areas. See Utah Code 19-6-502
Pyrolysis: means a manufacturing process that:
(14)(a) heats post-use polymers or recovered feedstock, without oxygen, until melted and thermally decomposed; and
(14)(b) following the process described in Subsection (14)(a), cools, condenses, and converts post-use polymers or recovered feedstock into raw materials and intermediate and final products. See Utah Code 19-6-502
Quorum: The number of legislators that must be present to do business.
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
Recovered feedstock: means a material:
          (15)(a)(i) that includes post-use polymers;
          (15)(a)(ii) for which the United States Environmental Protection Agency made a non-waste determination or has otherwise determined is feedstock and solid waste; or
          (15)(a)(iii) that is converted using an advanced recycling process after storage of less than 270 days. See Utah Code 19-6-502
Recycler: means a person who:
(20)(a) annually uses, or can reasonably be expected within the next year to use, a minimum of 100,000 waste tires generated in the state or 1,000 tons of waste tires generated in the state to recover energy or produce energy, crumb rubber, chipped tires, or an ultimate product; and
(20)(b) is registered as a recycler in accordance with Section 19-6-806. See Utah Code 19-6-803
Recycling fee: means the fee provided for in Section 19-6-805. See Utah Code 19-6-803
Regulated substance: includes motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils. See Utah Code 19-6-402
Release: includes abandoning or discarding barrels, containers, and other closed receptacles containing any hazardous material or substance, unless the discard or abandonment is authorized under state or federal law, rule, or regulation. See Utah Code 19-6-302
Release: means spilling, leaking, emitting, discharging, escaping, leaching, or disposing a regulated substance from a petroleum storage tank into ground water, surface water, or subsurface soils. See Utah Code 19-6-402
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.
Remedial action: means action taken consistent with the substantive requirements of CERCLA according to the procedures established by this part to prevent, eliminate, minimize, mitigate, or clean up the release of a hazardous substance from a facility on the hazardous substances priority list. See Utah Code 19-6-302
Remedial action plan: means a plan for remedial action consistent with the substantive requirements of CERCLA and approved by the executive director. See Utah Code 19-6-302
Remedial investigation: means a remedial investigation and feasibility study as defined in the National Contingency Plan established by CERCLA. See Utah Code 19-6-302
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
Remediation differential: means property tax differential generated from a remediation project area. See Utah Code 11-58-102
Remediation project: means a project for the remediation of contaminated land that:
     (25)(a) is owned by:
          (25)(a)(i) the state or a department, division, or other instrumentality of the state;
          (25)(a)(ii) an independent entity, as defined in Section 63E-1-102; or
          (25)(a)(iii) a political subdivision of the state; and
     (25)(b) became contaminated land before the owner described in Subsection (24)(a) obtained ownership of the land. See Utah Code 11-58-102
Remediation project area: means a project area consisting of contaminated land that is or is expected to become the subject of a remediation project. See Utah Code 11-58-102
Reported property: means property that is the subject of a law enforcement report under Section 19-6-903. See Utah Code 19-6-902
Requirement: means an ordinance, policy, rule, mandate, or other directive that imposes a legal duty on a person. See Utah Code 19-6-502
Residence: means an improvement to real property used or occupied as a primary or secondary detached single-family dwelling. See Utah Code 19-6-502
Resource recovery: means the separation, extraction, recycling, or recovery of usable material, energy, fuel, or heat from solid waste and the disposition of it. See Utah Code 19-6-502
Responsible party: means :
          (21)(a)(i) the owner or operator of a facility;
          (21)(a)(ii) any person who, at the time any hazardous substance or material was disposed of at the facility, owned or operated the facility;
          (21)(a)(iii) any person who arranged for disposal or treatment, or arranged with a transporter for transport, for disposal, or treatment of hazardous materials or substances owned or possessed by the person, at any facility owned or operated by another person and containing the hazardous materials or substances; or
          (21)(a)(iv) any person who accepts or accepted any hazardous materials or substances for transport to a facility selected by that person from which there is a release that causes the incurrence of response costs. See Utah Code 19-6-302
Responsible party: is a s defined in Subsections (27)(a)(i), (ii), and (iii) does not include:
          (27)(b)(i) a person who is not an operator and, without participating in the management of a facility and otherwise not engaged in petroleum production, refining, and marketing, holds indicia of ownership:
               (27)(b)(i)(A) primarily to protect the person's security interest in the facility; or
               (27)(b)(i)(B) as a fiduciary or custodian under Title 75, Utah Uniform Probate Code, or under an employee benefit plan; or
          (27)(b)(ii) governmental ownership or control of property by involuntary transfers as provided in CERCLA Section 101(20)(D), Utah Code 19-6-402
Rests directly on the ground: means that at least some portion of a petroleum storage tank situated aboveground is in direct contact with soil. See Utah Code 19-6-402
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
Scored site: means a facility in Utah that meets the requirements of scoring established by the National Contingency Plan for placement on the National Priority List. See Utah Code 19-6-302
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
Shredded waste tires: means waste tires or material derived from waste tires that has been reduced to a six inch square or smaller. See Utah Code 19-6-803
Site: means land used for the treatment, disposal, or storage of hazardous wastes. See Utah Code 19-6-202
Siting plan: means the state hazardous waste facilities siting plan adopted by the board pursuant to Sections 19-6-204 and 19-6-205. See Utah Code 19-6-202
Solid waste: means garbage, refuse, sludge, including sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, or other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, or agricultural operations and from community activities. See Utah Code 19-6-102
Solid waste: means a putrescible or nonputrescible material or substance discarded or rejected as being spent, useless, worthless, or in excess of the owner's needs at the time of discard or rejection, including:
          (21)(a)(i) garbage;
          (21)(a)(ii) refuse;
          (21)(a)(iii) industrial and commercial waste;
          (21)(a)(iv) sludge from an air or water control facility;
          (21)(a)(v) rubbish;
          (21)(a)(vi) ash;
          (21)(a)(vii) contained gaseous material;
          (21)(a)(viii) incinerator residue;
          (21)(a)(ix) demolition and construction debris;
          (21)(a)(x) a discarded automobile; and
          (21)(a)(xi) offal. See Utah Code 19-6-502
Solid waste management: means the purposeful and systematic collection, transportation, storage, processing, recovery, or disposal of solid waste. See Utah Code 19-6-502
Solid waste management facility: means the same as that term is defined in Section 19-6-502. See Utah Code 19-6-102
Solid waste management facility: means a facility employed for solid waste management, including:
          (23)(a)(i) a transfer station;
          (23)(a)(ii) a transport system;
          (23)(a)(iii) a baling facility;
          (23)(a)(iv) a landfill; and
          (23)(a)(v) a processing system, including:
               (23)(a)(v)(A) a resource recovery facility;
               (23)(a)(v)(B) a facility for reducing solid waste volume;
               (23)(a)(v)(C) a plant or facility for compacting, or composting, of solid waste;
               (23)(a)(v)(D) an incinerator;
               (23)(a)(v)(E) a solid waste disposal, reduction, pyrolization, or conversion facility;
               (23)(a)(v)(F) a facility for resource recovery of energy consisting of:
                    (23)(a)(v)(F)(I) a facility for the production, transmission, distribution, and sale of heat and steam;
                    (23)(a)(v)(F)(II) a facility for the generation and sale of electric energy to a public utility, municipality, or other public entity that owns and operates an electric power system on March 15, 1982; and
                    (23)(a)(v)(F)(III) a facility for the generation, sale, and transmission of electric energy on an emergency basis only to a military installation of the United States; and
               (23)(a)(v)(G) an auxiliary energy facility that is connected to a facility for resource recovery of energy as described in Subsection (23)(a)(v)(F), that:
                    (23)(a)(v)(G)(I) is fueled by natural gas, landfill gas, or both;
                    (23)(a)(v)(G)(II) consists of a facility for the production, transmission, distribution, and sale of supplemental heat and steam to meet all or a portion of the heat and steam requirements of a military installation of the United States; and
                    (23)(a)(v)(G)(III) consists of a facility for the generation, transmission, distribution, and sale of electric energy to a public utility, a municipality described in Subsection (23)(a)(v)(F)(II), or a political subdivision created under Title 11, Chapter 13, Interlocal Cooperation Act. See Utah Code 19-6-502
Solvolysis: means a manufacturing process that:
     (24)(a) purifies post-use polymers using solvents, while heated at low temperatures or pressurized, allowing additives and contaminants to be removed;
     (24)(b) uses technology, including:
          (24)(b)(i) hydrolysis;
          (24)(b)(ii) aminolysis;
          (24)(b)(iii) ammonoloysis;
          (24)(b)(iv) methanoloysis; or
          (24)(b)(v) glycolysis; and
     (24)(c) manufactures products, including:
          (24)(c)(i) monomers;
          (24)(c)(ii) intermediates;
          (24)(c)(iii) valuable chemicals;
          (24)(c)(iv) chemical feedstock; or
          (24)(c)(v) raw materials. See Utah Code 19-6-502
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.
Storage: means the actual or intended containment of solid or hazardous waste either on a temporary basis or for a period of years in such a manner as not to constitute disposal of the waste. See Utah Code 19-6-102
Storage: means the containment of hazardous wastes for a period of more than 90 days. See Utah Code 19-6-202
Storage: means the placement of waste tires in a manner that does not constitute disposal of the waste tires. See Utah Code 19-6-803
Store: means to place waste tires in a manner that does not constitute disposal of the waste tires. See Utah Code 19-6-803
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Third-party certification system: means an international or multinational third-party certification system of rules to implement mass balance attribution approaches for advanced recycling, including:
     (25)(a) International Sustainability and Carbon Certification;
     (25)(b) Underwriter Laboratories;
     (25)(c) SCS Recycled Content;
     (25)(d) Roundtable on Sustainable Biomaterials;
     (25)(e) Ecoloop; or
     (25)(f) REDcert2. See Utah Code 19-6-502
Tire: means a pneumatic rubber covering designed to encircle the wheel of a vehicle in which a person or property is or may be transported or drawn upon a highway. See Utah Code 19-6-803
Tire retailer: means a person engaged in the business of selling new tires either as replacement tires or as part of a new vehicle sale. See Utah Code 19-6-803
Transfer: means the collection of nonhazardous solid waste from a permanent, fixed, supplemental collection facility for movement to a vehicle for movement to an offsite nonhazardous solid waste storage or disposal facility. See Utah Code 19-6-102
Transportation: means the off-site movement of solid or hazardous waste to any intermediate point or to any point of storage, treatment, or disposal. See Utah Code 19-6-102
Treatment: means a method, technique, or process designed to change the physical, chemical, or biological character or composition of any solid or hazardous waste so as to neutralize the waste or render the waste nonhazardous, safer for transport, amenable for recovery, amenable to storage, or reduced in volume. See Utah Code 19-6-102
Treatment: means any method, technique, or process designed to change the physical, chemical, or biological character or composition of any hazardous waste to neutralize or render it nonhazardous, safer for transport, amenable to recovery or storage, convertible to another usable material, or reduced in volume and suitable for ultimate disposal. See Utah Code 19-6-202
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.
Ultimate product: includes pyrolized materials derived from:
(28)(b)(i) waste tires; or
(28)(b)(ii) chipped tires. See Utah Code 19-6-803
Underground injection: means the subsurface emplacement of fluids by well injection. See Utah Code 19-5-102
Underground piping: means piping that is buried in the ground that is in direct contact with soil and connected to an aboveground petroleum storage tank. See Utah Code 19-6-402
Underground storage tank: means a tank that is regulated under Subtitle I of the Resource Conservation and Recovery Act, Utah Code 19-6-102
Underground storage tank: means a tank regulated under Subtitle I, Resource Conservation and Recovery Act, Utah Code 19-6-402
Underground storage tank installation company: means a person, firm, partnership, corporation, governmental entity, association, or other organization that installs underground storage tanks. See Utah Code 19-6-402
Underground storage tank installation company permit: means a permit issued to an underground storage tank installation company by the director. See Utah Code 19-6-402
Underground wastewater disposal system: means a system for underground disposal of domestic wastewater discharges as defined by the board and the executive director. 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
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.
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
Waste tire: means :
(29)(a) a tire that is no longer suitable for the tire's original intended purpose because of wear, damage, or defect; or
(29)(b) a tire that a tire retailer removes from a vehicle for replacement with a new or used tire. See Utah Code 19-6-803
Waste tire pile: means a pile of 200 or more waste tires at one location. See Utah Code 19-6-803
Waste tire transporter: includes a person engaged in the business of collecting, hauling, or transporting waste tires or who performs these functions for another person, except as provided in Subsection (31)(c). See Utah Code 19-6-803
Wastewater service provider: means a political subdivision of the state that owns, operates, or otherwise sponsors through agreement a sewerage system, a treatment works, or large underground wastewater disposal system for the collection, storage, treatment, or disposal of domestic waste. See Utah Code 19-5-201
Writ: A formal written command, issued from the court, requiring the performance of a specific act.
Writ: means an order or precept in writing, issued in the name of:
     (47)(a) the state;
     (47)(b) a court; or
     (47)(c) a judicial officer. 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