Terms Used In Utah Code > Title 19 > Chapter 10 - Environmental Institutional Control Act

• Address: includes :
            (1)(b)(i) a post office box number;
            (1)(b)(ii) a rural free delivery route number; and
            (1)(b)(iii) a street name and number. See Utah Code 16-6a-102
• 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.
• Class: means a group of memberships that has the same right with respect to voting, dissolution, redemption, transfer, or other characteristics. See Utah Code 16-6a-102
• Corporate name: means :
       (13)(a) the name of a domestic corporation as stated in the domestic corporation's articles of incorporation;
       (13)(b) the name of a domestic nonprofit corporation as stated in the domestic nonprofit corporation's articles of incorporation;
       (13)(c) the name of a foreign corporation as stated in the foreign corporation's:

            (13)(c)(i) articles of incorporation; or

            (13)(c)(ii) document of similar import to articles of incorporation; or
       (13)(d) the name of a foreign nonprofit corporation as stated in the foreign nonprofit corporation's:

            (13)(d)(i) articles of incorporation; or

            (13)(d)(ii) document of similar import to articles of incorporation. See Utah Code 16-6a-102
• 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.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Deliver: includes delivery by mail or another means of transmission authorized by Section 16-6a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-6a-102
• Department: means the Department of Environmental Quality. See Utah Code 19-1-103
• Director: means a member of the board of directors. See Utah Code 16-6a-102
• Division: means the Division of Corporations and Commercial Code. See Utah Code 16-6a-102
• domestic nonprofit corporation: means an entity that:
       (37)(a) is not a foreign nonprofit corporation; and
       (37)(b) is incorporated under or subject to this chapter. See Utah Code 16-6a-102
• 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 state Department of Environment Quality or the executive director's designated representative. See Utah Code 19-10-102
• Foreign nonprofit corporation: means an entity:
       (28)(a) incorporated under a law other than the laws of this state; and
       (28)(b) that would be a nonprofit corporation if formed under the laws of this state. See Utah Code 16-6a-102
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• institutional control: means , with respect to real property, any deed restriction, restrictive covenant, easement, reservation, environmental notice, engineering control, or other restriction or obligation that is designed to protect human health or the environment and:
       (1)(a) is established in connection with a cleanup or risk assessment that is reviewed, overseen, conducted, or administered by the department; and
       (1)(b)

            (1)(b)(i) limits the use of the real property, groundwater, or surface water;

            (1)(b)(ii) limits activities that may be performed on or at the property; or

            (1)(b)(iii) requires maintenance of any engineering or other control. See Utah Code 19-10-102
• 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
• Notice: means the same as that term is defined in Section 16-6a-103. See Utah Code 16-6a-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.
• Person: means an:
       (40)(a) individual; or
       (40)(b) entity. See Utah Code 16-6a-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
• Proceeding: includes :
       (42)(a) a civil suit;
       (42)(b) arbitration;
       (42)(c) mediation;
       (42)(d) a criminal action;
       (42)(e) an administrative action; or
       (42)(f) an investigatory action. See Utah Code 16-6a-102
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: includes :
       (31)(a) land;
       (31)(b) a tenement;
       (31)(c) a hereditament;
       (31)(d) a water right;
       (31)(e) a possessory right; and
       (31)(f) a claim. See Utah Code 68-3-12.5
• Service of process: The service of writs or summonses to the appropriate party.
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Statute: A law passed by a legislature.
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• United States: includes a district, authority, office, bureau, commission, department, and another agency of the United States of America. See Utah Code 16-6a-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