Terms Used In Utah Code > Title 19 > Chapter 1 > Part 6 - Environmental Mitigation and Response Act

• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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.
• Commission: means the Outdoor Adventure Commission. See Utah Code 41-22-2
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the Department of Environmental Quality. See Utah Code 19-1-103
• Division: means the Division of Outdoor Recreation. See Utah Code 41-22-2
• 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
• 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.
• 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
• 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
• 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
• 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
• 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
• Motor vehicle: includes an off-highway vehicle. See Utah Code 41-22-2
• 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
• 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
• Operate: means to control the movement of or otherwise use an off-highway vehicle. See Utah Code 41-22-2
• 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
• 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
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• 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
• 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.
• 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
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• 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.