Terms Used In Utah Code > Title 19 > Chapter 8 - Voluntary Cleanup Program

• Account: means the Environmental Voluntary Cleanup restricted account created under Section 19-8-103. See Utah Code 19-8-102
• 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
• 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.
• Agreement: means a voluntary cleanup agreement under this chapter. See Utah Code 19-8-102
• 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.
• Applicant: means the person:
       (3)(a) who submits an application to participate in a voluntary cleanup agreement under this chapter; or
       (3)(b) who enters into a voluntary cleanup agreement made under this chapter with the executive director. See Utah Code 19-8-102
• Articles of incorporation: include :
       (3)(a) amended articles of incorporation;
       (3)(b) restated articles of incorporation;
       (3)(c) articles of merger; and
       (3)(d) a document of a similar import to the documents described in Subsections (3)(a) through (c). See Utah Code 16-6a-102
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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 of directors: means the body authorized to manage the affairs of a domestic or foreign nonprofit corporation. See Utah Code 16-6a-102
• Bylaws: includes :
            (6)(b)(i) amended bylaws; and
            (6)(b)(ii) restated bylaws. See Utah Code 16-6a-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Completion: means , regarding property covered by an agreement:
       (4)(a) no further response actions are necessary; or
       (4)(b) the applicant is satisfactorily maintaining the engineering controls, remediation systems, postclosure care, and institutional controls to the extent required pursuant to the voluntary cleanup agreement. See Utah Code 19-8-102
• Contaminant: means :
       (5)(a) hazardous materials as defined in Section 19-6-302;
       (5)(b) hazardous substance as defined in Section 19-6-302;
       (5)(c) hazardous waste as defined in Section 19-6-102;
       (5)(d) hazardous waste constituent listed in Utah Code 19-8-102
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Corporation: means a nonprofit corporation or a profit corporation. See Utah Code 16-4-102
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Delegate: means a person elected or appointed to vote in a representative assembly:
       (16)(a) for the election of a director; or
       (16)(b) on matters other than the election of a director. 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
• Distribution: means the payment of a dividend or any part of the income or profit of a nonprofit corporation to the nonprofit corporation's:
            (19)(a)(i) members;
            (19)(a)(ii) directors; or
            (19)(a)(iii) officers. See Utah Code 16-6a-102
• Division: means the Division of Corporations and Commercial Code. See Utah Code 16-6a-102
• domestic corporation: means a corporation for profit that:
       (15)(a) is not a foreign corporation; and
       (15)(b) is incorporated under or subject to Chapter 10a, Utah Revised Business Corporation Act. 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
• Employee: includes an officer of a nonprofit corporation. See Utah Code 16-6a-102
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Entity: includes :
       (25)(a) a domestic or foreign corporation;
       (25)(b) a domestic or foreign nonprofit corporation;
       (25)(c) a limited liability company;
       (25)(d) a profit or nonprofit unincorporated association;
       (25)(e) a business trust;
       (25)(f) an estate;
       (25)(g) a partnership;
       (25)(h) a trust;
       (25)(i) two or more persons having a joint or common economic interest;
       (25)(j) a state;
       (25)(k) the United States; or
       (25)(l) a foreign government. See Utah Code 16-6a-102
• Environmental assessment: means the assessment described in Section 19-8-107. See Utah Code 19-8-102
• 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 Utah Department of Environmental Quality or the executive director's representative. See Utah Code 19-8-102
• Executive director: means the executive director of the Department of Commerce. See Utah Code 16-6a-102
• Fiduciary: A trustee, executor, or administrator.
• Foreign corporation: means a corporation for profit incorporated under a law other than the laws of this state. See Utah Code 16-6a-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
• Fraud: Intentional deception resulting in injury to another.
• Governmental entity: means :
       (29)(a)

            (29)(a)(i) the executive branch of the state;

            (29)(a)(ii) the judicial branch of the state;

            (29)(a)(iii) the legislative branch of the state;

            (29)(a)(iv) an independent entity, as defined in Section 63E-1-102;

            (29)(a)(v) a political subdivision of the state;

            (29)(a)(vi) a state institution of higher education, as defined in Section 53B-3-102;

            (29)(a)(vii) an entity within the state system of public education; or

            (29)(a)(viii) the National Guard; or
       (29)(b) any of the following that is established or controlled by a governmental entity listed in Subsection (29)(a) to carry out the public's business:

            (29)(b)(i) an office;

            (29)(b)(ii) a division;

            (29)(b)(iii) an agency;

            (29)(b)(iv) a board;

            (29)(b)(v) a bureau;

            (29)(b)(vi) a committee;

            (29)(b)(vii) a department;

            (29)(b)(viii) an advisory board;

            (29)(b)(ix) an administrative unit; or

            (29)(b)(x) a commission. See Utah Code 16-6a-102
• Governmental subdivision: means :
       (30)(a) a county;
       (30)(b) a city;
       (30)(c) a town; or
       (30)(d) another type of governmental subdivision authorized by the laws of this state. See Utah Code 16-6a-102
• Individual: means :
       (31)(a) a natural person;
       (31)(b) the estate of an incompetent individual; or
       (31)(c) the estate of a deceased individual. See Utah Code 16-6a-102
• 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.
• 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
• Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}
• Member: includes :
            (34)(b)(i) "voting member"; and
            (34)(b)(ii) a shareholder in a water company. See Utah Code 16-6a-102
• Mutual benefit corporation: means a nonprofit corporation:
       (36)(a) that issues shares of stock to its members evidencing a right to receive distribution of water or otherwise representing property rights; or
       (36)(b) all of whose assets are contributed or acquired by or for the members of the nonprofit corporation or the members' predecessors in interest to serve the mutual purposes of the members. See Utah Code 16-6a-102
• Notice: means the same as that term is defined in Section 16-6a-103. See Utah Code 16-6a-102
• 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 :
       (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
• 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:
       (40)(a) individual; or
       (40)(b) entity. See Utah Code 16-6a-102
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Principal office: means :
       (41)(a) the office, in or out of this state, designated by a domestic or foreign nonprofit corporation as its principal office in the most recent document on file with the division providing that information, including:

            (41)(a)(i) an annual report;

            (41)(a)(ii) an application for a certificate of authority; or

            (41)(a)(iii) a notice of change of principal office; or
       (41)(b) if no principal office can be determined, a domestic or foreign nonprofit corporation's registered office. See Utah Code 16-6a-102
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Program: means the Voluntary Environmental Cleanup Program created under this chapter. See Utah Code 19-8-102
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Receive: when used in reference to receipt of a writing or other document by a domestic or foreign nonprofit corporation, means the writing or other document is actually received:
       (43)(a) by the domestic or foreign nonprofit corporation at:

            (43)(a)(i) its registered office in this state; or

            (43)(a)(ii) its principal office;
       (43)(b) by the secretary of the domestic or foreign nonprofit corporation, wherever the secretary is found; or
       (43)(c) by another person authorized by the bylaws or the board of directors to receive the writing or other document, wherever that person is found. See Utah Code 16-6a-102
• Record date: means the date established under Part 6, Members, or Part 7, Member Meetings and Voting, on which a nonprofit corporation determines the identity of the nonprofit corporation's members. See Utah Code 16-6a-102
• Registered agent: means the registered agent of:
       (45)(a) a domestic nonprofit corporation; or
       (45)(b) a foreign nonprofit corporation. See Utah Code 16-6a-102
• Registered office: means the office within this state designated by a domestic or foreign nonprofit corporation as its registered office in the most recent document on file with the division providing that information, including:
       (46)(a) articles of incorporation;
       (46)(b) an application for a certificate of authority; or
       (46)(c) a notice of change of registered office. See Utah Code 16-6a-102
• Response action: means the cleanup or removal of a contaminant from the environment. See Utah Code 19-8-102
• Secretary: means the corporate officer to whom the bylaws or the board of directors delegates responsibility under Subsection 16-6a-818(3) for:
       (47)(a) the preparation and maintenance of:

            (47)(a)(i) minutes of the meetings of:

                 (47)(a)(i)(A) the board of directors; or

                 (47)(a)(i)(B) the members; and

            (47)(a)(ii) the other records and information required to be kept by the nonprofit corporation as described in Section 16-6a-1601; and
       (47)(b) authenticating records of the nonprofit corporation. See Utah Code 16-6a-102
• Share: means a unit of interest in a nonprofit corporation. See Utah Code 16-6a-102
• Share: means a share as defined in:
       (4)(a) Section 16-6a-102 for a nonprofit corporation; and
       (4)(b) Section 16-10a-102 for a profit corporation. See Utah Code 16-4-102
• Shareholder: means a person in whose name a share is registered in the records of a nonprofit corporation. See Utah Code 16-6a-102
• 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
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Tribe: means a tribe, band, nation, pueblo, or other organized group or community of Indians, including an Alaska Native village, that is legally recognized as eligible for and is consistent with a special program, service, or entitlement provided by the United States to Indians because of the tribe's status as Indians. See Utah Code 16-6a-102
• Trustee: A person or institution holding and administering property in trust.
• 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
• Vote: includes authorization by:
       (55)(a) written ballot; and
       (55)(b) written consent. See Utah Code 16-6a-102
• Voting group: means all the members of one or more classes of members or directors that, under this chapter, the articles of incorporation, or the bylaws, are entitled to vote and be counted together collectively on a matter. See Utah Code 16-6a-102
• voting member: includes a "shareholder" if the nonprofit corporation has shareholders. See Utah Code 16-6a-102
• Water company: means :
       (58)(a) the same as that term is defined in Subsection 16-4-102(5); or
       (58)(b) a mutual benefit corporation, when the stock in the mutual benefit corporation represents a right to receive a distribution of water for beneficial use. See Utah Code 16-6a-102
• Water company: means a corporation in which a shareholder has the right, based on the shareholder's shares, to receive a proportionate share of water delivered by the corporation. See Utah Code 16-4-102
• 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