Utah Code > Title 19 > Chapter 3 – Radiation Control Act

		Sections
Part 1	General Provisions	19-3-101 – 19-3-113
Part 2	Interstate Compact on Low-Level Radioactive Waste	19-3-201 – 19-3-206
Part 3	Placement of High Level Nuclear Waste	19-3-301 – 19-3-320

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Terms Used In Utah Code > Title 19 > Chapter 3 - Radiation Control Act

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
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
Agreement: means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction. See Utah Code 46-4-102
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.
Arrest: Taking physical custody of a person by lawful authority.
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Automated transaction: means a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction. See Utah Code 46-4-102
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 Waste Management and Radiation Control Board created under Section 19-1-106. See Utah Code 19-3-102
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
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
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.
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Computer program: means a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result. See Utah Code 46-4-102
Contract: A legal written agreement that becomes binding when signed.
Contract: means the total legal obligation resulting from the parties' agreement as affected by this chapter and other applicable law. See Utah Code 46-4-102
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.
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
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
Director: means the director of the Division of Waste Management and Radiation Control. See Utah Code 19-3-102
Division: means the Division of Waste Management and Radiation Control, created in Subsection 19-1-105(1)(d). See Utah Code 19-3-102
Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Utah Code 46-4-102
Electronic agent: means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by an individual. See Utah Code 46-4-102
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 Subsection Utah Code 46-1-2
Electronic record: means a record created, generated, sent, communicated, received, or stored by electronic means. See Utah Code 46-4-102
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 Subsection Utah 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
Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. See Utah Code 46-4-102
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
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.
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
Governmental agency: means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state. See Utah Code 46-4-102
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
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
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 Section Utah Code 46-1-2
Information: means data, text, images, sounds, codes, computer programs, software, databases, or the like. See Utah Code 46-4-102
Information processing system: means an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information. See Utah Code 46-4-102
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
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
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.
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
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.
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
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
Oversight: Committee review of the activities of a Federal agency or program.
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 an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 46-4-102
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
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Property: includes both real and personal property. See Utah Code 68-3-12.5
Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
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
Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 46-4-102
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}
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.
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
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 Section Utah Code 46-1-2
Security procedure: includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures. See Utah Code 46-4-102
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.
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
State: includes an Indian tribe or band, or Alaskan native village, that is recognized by federal law or formally acknowledged by a state. See Utah Code 46-4-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
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
Swear: includes "affirm. See Utah Code 68-3-12.5
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Transaction: means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs. See Utah Code 46-4-102
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
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.
Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
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
wastes: means high-level nuclear waste and greater than class C radioactive waste. See Utah Code 19-3-303
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