Utah Code > Title 19 > Chapter 6 – Hazardous Substances
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Terms Used In Utah Code > Title 19 > Chapter 6 - Hazardous Substances
- 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:
(a) locate the persons responsible for the tire pile; or (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:
(a) a release from a petroleum storage tank; or (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:
(a) (i) has attached underground piping; or (ii) rests directly on the ground; (b) contains regulated substances; (c) has the capacity to hold 501 gallons or more; and (d) is not: (i) used in agricultural operations, as defined by the board by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (ii) used for heating oil for consumptive use on the premises where stored; (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; (iv) directly related to oil or gas production and gathering operations; or (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 - Accounting reports: means an audit, a review, a compilation, or a fiscal report. See Utah Code 51-2a-102
- Active member: means a member who:
(i) is employed by a participating employer and accruing service credit; or (ii) within the previous 120 days: (A) has been employed by a participating employer; and (B) accrued service credit. See Utah Code 49-11-102 - Actuarial equivalent: means a benefit of equal value when computed upon the basis of mortality tables as recommended by the actuary and adopted by the executive director, including regular interest. See Utah Code 49-11-102
- Actuarial interest rate: means the interest rate as recommended by the actuary and adopted by the board upon which the funding of system costs and benefits are computed. See Utah Code 49-11-102
- Address: includes :
(i) a post office box number; (ii) a rural free delivery route number; and (iii) a street name and number. See Utah Code 16-6a-102 - Adjudicative proceeding: means :Utah Code 68-3-12.5
- Administrator: includes "executor" when the subject matter justifies the use. 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:
(i) pyrolysis; (ii) gasification; (iii) depolymerization; (iv) catalytic cracking; (v) reforming; (vi) hydrogenation; (vii) solvolysis; or (viii) chemolysis. See Utah Code 19-6-502 - Advanced recycling facility: means a manufacturing facility:
(a) that is registered with the Division of Waste Management and Radiation Control, created in Subsection 19-1-105(1)(d); (b) that receives, stores, and converts post-use polymers or recovered feedstock using advanced recycling; (c) that is subject to applicable Department of Environmental Quality manufacturing regulations for air, water, waste, and land use; and (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:
(a) a monomer; (b) an oligomer; (c) a plastic; (d) a chemical feedstock; (e) a basic and unfinished chemical; (f) a wax; (g) a lubricant; (h) a coating; or (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.
- Affiliated emergency services worker: means a person who:
(i) is employed by a participating employer; (ii) performs emergency services for another participating employer that is a different agency; (iii) is trained in techniques and skills required for the emergency service; (iv) continues to receive regular training required for the service; (v) is on the rolls as a trained affiliated emergency services worker of the participating employer; and (vi) provides ongoing service for a participating employer, which service may include service as a volunteer firefighter, reserve law enforcement officer, search and rescue worker, emergency medical technician, ambulance worker, park ranger, or public utilities worker. See Utah Code 49-11-1202 - Agency: means :
(i) a department, division, agency, office, authority, commission, board, institution, or hospital of the state; (ii) a county, municipality, school district, special district, or special service district; (iii) a state college or university; or (iv) any other participating employer. See Utah Code 49-11-102 - Agent: means "agent" as defined in Section 61-1-13. See Utah Code 51-7-3
- Air gun: means a . See Utah Code 47-3-102
- Alternate payee: means a member's former spouse or family member eligible to receive payments under a Domestic Relations Order in compliance with Section 49-11-612. See Utah Code 49-11-102
- 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.
- Amortization: Paying off a loan by regular installments.
- Amortization rate: means the board certified percent of salary required to amortize the unfunded actuarial accrued liability in accordance with policies established by the board upon the advice of the actuary. See Utah Code 49-11-102
- Amortization rate: means the amortization rate, as defined in Section 49-11-102, to be applied to the system that would have covered the retiree if the retiree's reemployed position were deemed to be an eligible, full-time position within that system. See Utah Code 49-11-1202
- Amortization rate: means the amortization rate, as defined in Section 49-11-102, to be applied to the system that would have covered the retiree if the retiree's part-time position were considered to be an eligible, full-time position within that system. See Utah Code 49-11-1301
- Annuity: means monthly payments derived from member contributions. See Utah Code 49-11-102
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- 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.
- Appointive officer: means an employee appointed to a position for a definite and fixed term of office by official and duly recorded action of a participating employer whose appointed position is designated in the participating employer's charter, creation document, or similar document, and:
(a) who earns $500 or more per month, indexed as of January 1, 1990, as provided in Section 49-12-407 for a Tier I appointive officer; and (b) whose appointive position is full-time as certified by the participating employer for a Tier II appointive officer. See Utah Code 49-11-102 - Appraisal: A determination of property value.
- 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
- Appropriation: means a legislative authorization to make expenditures and to incur obligations for specific purposes. See Utah Code 51-5-3
- Articles of incorporation: include :
(a) amended articles of incorporation; (b) restated articles of incorporation; (c) articles of merger; and (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.
- At-will employee: means a person who is employed by a participating employer and:
(i) who is not entitled to merit or civil service protection and is generally considered exempt from a participating employer's merit or career service personnel systems; (ii) whose on-going employment status is entirely at the discretion of the person's employer; or (iii) who may be terminated without cause by a designated supervisor, manager, or director. See Utah Code 49-11-102 - Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Audit: means an examination that:
(a) is performed in accordance with generally accepted government auditing standards, or for a nonprofit corporation or a governmental nonprofit corporation, in accordance with generally accepted auditing standards; and (b) conforms to the uniform classification of accounts established or approved by the state auditor or any other classification of accounts established by any federal government agency. See Utah Code 51-2a-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.
- Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
- Beneficial use: includes the use of chipped tires:
(i) as daily landfill cover; (ii) for civil engineering purposes; (iii) as low-density, light-weight aggregate fill; or (iv) for septic or drain field construction. See Utah Code 19-6-803 - Beneficiary: means any person entitled to receive a payment under this title through a relationship with or designated by a member, participant, covered individual, or alternate payee of a defined contribution plan. See Utah Code 49-11-102
- 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
- Benefit company: means a limited liability company:
(a) that elects to become subject to this chapter; and (b) the status of which as a benefit company has not been terminated. See Utah Code 48-4-103 - Benefit enforcement proceeding: means a proceeding in a court of competent jurisdiction for:
(a) failure of a benefit company to pursue or create general public benefit or a specific public benefit described in the benefit company's certificate of organization; or (b) a violation of an obligation, duty, or standard of conduct under this chapter. See Utah Code 48-4-103 - Benefits normally provided: means a benefit offered by an employer, including:
(i) a leave benefit of any kind; (ii) insurance coverage of any kind if the employer pays some or all of the premium for the coverage; (iii) employer contributions to a health savings account, health reimbursement account, health reimbursement arrangement, or medical expense reimbursement plan; and (iv) a retirement benefit of any kind if the employer pays some or all of the cost of the benefit. See Utah Code 49-12-102 - Benefits normally provided: means the same as that term is defined in Section 49-12-102. See Utah Code 49-13-102
- Benefits normally provided: means the same as that term is defined in Section 49-12-102. See Utah Code 49-22-102
- Bequest: Property gifted by will.
- 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 Utah State Retirement Board established under Section 49-11-202. See Utah Code 49-11-102
- 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
- Board: means the Waste Management and Radiation Control Board created under Section 19-1-106. See Utah Code 19-6-1102
- 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 member: means a person serving on the Utah State Retirement Board as established under Section 49-11-202. See Utah Code 49-11-102
- board of directors: means the body authorized to manage the affairs of a domestic or foreign nonprofit corporation. See Utah Code 16-6a-102
- 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 42 U. See Utah Code 19-6-302
- Budgetary accounts: means those accounts necessary to reflect budgetary operations and conditions, such as estimated revenues, appropriations, and encumbrances. See Utah Code 51-5-3
- Business: includes every trade, occupation, and profession. See Utah Code 48-1d-102
- Bylaws: includes :
(i) amended bylaws; and (ii) restated bylaws. See Utah Code 16-6a-102 - CERCLA: means 42 U. See Utah Code 19-6-302
- Certificate of compliance: means a certificate issued to a facility by the director:
(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 (b) listing petroleum storage tanks at the facility, specifying: (i) which tanks may receive petroleum; and (ii) which tanks have not met the requirements for compliance. See Utah Code 19-6-402 - Certificate of limited partnership: means the certificate required by Section 48-2e-201. See Utah Code 48-2e-102
- Certificate of organization: means the certificate required by Section 48-3a-201. See Utah Code 48-3a-102
- 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:
(a) registered the tanks; and (b) paid the annual tank fee. See Utah Code 19-6-402 - Certified contribution rate: means the board certified percent of salary paid on behalf of an active member to the office to maintain the system on a financially and actuarially sound basis. See Utah Code 49-11-102
- 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 official: means a Range Safety Officer, Firearms Instructor, or Shooting Coach certified by the National Rifle Association or equivalent national shooting organization. See Utah Code 47-3-102
- Certified petroleum storage tank consultant: means a person who:
(ii) has submitted an application to the director; (iii) received a written statement of certification from the director; and (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
- City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
- 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:
(a) emptied and cleaned to remove the liquids and accumulated sludges; and (b) (i) removed along with all underground components; or (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
- Commissioner: means the commissioner of financial institutions. See Utah Code 51-7-3
- 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.
- Compensation: means the total amount of payments made by a participating employer to a member of this system for services rendered to the participating employer, including:
(i) bonuses; (ii) cost-of-living adjustments; (iii) other payments currently includable in gross income and that are subject to social security deductions, including any payments in excess of the maximum amount subject to deduction under social security law; (iv) amounts that the member authorizes to be deducted or reduced for salary deferral or other benefits authorized by federal law; and (v) member contributions. See Utah Code 49-12-102 - Compensation: means the total amount of payments made by a participating employer to a member of this system for services rendered to the participating employer, including:
(i) bonuses; (ii) cost-of-living adjustments; (iii) other payments currently includable in gross income and that are subject to social security deductions, including any payments in excess of the maximum amount subject to deduction under social security law; and (iv) amounts that the member authorizes to be deducted or reduced for salary deferral or other benefits authorized by federal law. See Utah Code 49-13-102 - Compensation: includes performance-based bonuses and cost-of-living adjustments. See Utah Code 49-14-102
- Compensation: includes performance-based bonuses and cost-of-living adjustments. See Utah Code 49-15-102
- Compensation: includes performance-based bonuses and cost-of-living adjustments. See Utah Code 49-16-102
- Compensation: includes :
(i) performance-based bonuses; (ii) cost-of-living adjustments; (iii) payments subject to Social Security deductions; (iv) any payments in excess of the maximum amount subject to deduction under Social Security law; (v) amounts which the member authorizes to be deducted or reduced for salary deferral or other benefits authorized by federal law; and (vi) member contributions. See Utah Code 49-17-102 - Compensation: includes :
(i) performance-based bonuses; (ii) cost-of-living adjustments; (iii) payments subject to Social Security deductions; (iv) any payments in excess of the maximum amount subject to deduction under Social Security law; and (v) amounts which the member authorizes to be deducted or reduced for salary deferral or other benefits authorized by federal law. See Utah Code 49-18-102 - Compensation: means the total amount of payments made by a participating employer to a member of this system for services rendered to the participating employer, including:
(i) bonuses; (ii) cost-of-living adjustments; (iii) other payments currently includable in gross income and that are subject to social security deductions, including any payments in excess of the maximum amount subject to deduction under social security law; (iv) amounts that the member authorizes to be deducted or reduced for salary deferral or other benefits authorized by federal law; and (v) member contributions. See Utah Code 49-22-102 - Compensation: includes performance-based bonuses and cost-of-living adjustments. See Utah Code 49-23-102
- Compilation: means information presented in the form of financial statements presented in conformity with generally accepted accounting principles that are the representation of management without the accountant undertaking to express any assurances on the statements. See Utah Code 51-2a-102
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Computer: includes the following permanently affixed to or incorporated into a device described in Subsection (2)(a):
(i) a cable cord; (ii) permanent wiring; (iii) a central processing unit; or (iv) a monitor. See Utah Code 19-6-1202 - Consumer: includes a person who purchases a new tire for a motor vehicle to be rented or leased. See Utah Code 19-6-803
- Consumer: means a person who owns or uses a covered electronic device that is purchased primarily for personal or home business use. See Utah Code 19-6-1202
- Consumer electronic device: means the following products sold to a consumer:
(a) a computer; (b) a computer peripheral; (c) a television; or (d) a television peripheral. See Utah Code 19-6-1202 - contamination: means :
(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 (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:
(a) reported to the local health department under Section 19-6-903; and (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 42 U. See Utah Code 19-6-302
- Contract: A legal written agreement that becomes binding when signed.
- Contributions: means the total amount paid by the participating employer and the member into a system or to the Utah Governors' and Legislators' Retirement Plan under Chapter 19, Utah Governors' and Legislators' Retirement Act. See Utah Code 49-11-102
- Conviction: A judgement of guilt against a criminal defendant.
- cooperative: means a nonprofit corporation organized or existing under this chapter. See Utah Code 16-6a-102
- Corporate name: means :
(a) the name of a domestic corporation as stated in the domestic corporation's articles of incorporation; (b) the name of a domestic nonprofit corporation as stated in the domestic nonprofit corporation's articles of incorporation; (c) the name of a foreign corporation as stated in the foreign corporation's: (i) articles of incorporation; or (ii) document of similar import to articles of incorporation; or (d) the name of a foreign nonprofit corporation as stated in the foreign nonprofit corporation's: (i) articles of incorporation; or (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.
- Corrective action plan: means a plan for correcting a release from a petroleum storage tank that includes provisions for any of the following:
(a) cleanup or removal of the release; (b) containment or isolation of the release; (c) treatment of the release; (d) correction of the cause of the release; (e) monitoring and maintenance of the site of the release; (f) provision of alternative water supplies to a person whose drinking water has become contaminated by the release; or (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:
(a) investigation; (b) abatement action; (c) corrective action; (d) judgments, awards, and settlements for bodily injury or property damage to third parties; (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 (f) costs incurred by the state risk manager in determining the actuarial soundness of the fund. See Utah Code 19-6-402 - Council: means the State Money Management Council created by Section 51-7-16. See Utah Code 51-7-3
- Council member: means a person serving on the Membership Council established under Section 49-11-205. See Utah Code 49-11-102
- County executive: means :Utah Code 68-3-12.5
- County legislative body: means :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
- Covered employer: means an employer that offers employee benefit plans under this chapter to its employees and their dependents. See Utah Code 49-20-102
- Covered individual: means any individual covered under Chapter 20, Public Employees' Benefit and Insurance Program Act. See Utah Code 49-11-102
- Covered individual: means an employee and the employee's dependents eligible for coverage under this chapter. See Utah Code 49-20-102
- 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
- Current service: means covered service under:
(a) Chapter 12, Public Employees' Contributory Retirement Act; (b) Chapter 13, Public Employees' Noncontributory Retirement Act; (c) Chapter 14, Public Safety Contributory Retirement Act; (d) Chapter 15, Public Safety Noncontributory Retirement Act; (e) Chapter 16, Firefighters' Retirement Act; (f) Chapter 17, Judges' Contributory Retirement Act; (g) Chapter 18, Judges' Noncontributory Retirement Act; (h) Chapter 19, Utah Governors' and Legislators' Retirement Act; (i) Chapter 22, New Public Employees' Tier II Contributory Retirement Act; or (j) Chapter 23, New Public Safety and Firefighter Tier II Contributory Retirement Act. See Utah Code 49-11-102 - Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Date of disability: means the date on which a period of total disability begins, and may not begin on or before the last day of performing full-duty work in the eligible employee's regular occupation. See Utah Code 49-21-102
- Decedent: A deceased person.
- 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.
- defined benefit system: means a system or plan offered under this title to provide a specified allowance to a retiree or a retiree's spouse after retirement that is based on a set formula involving one or more of the following factors:
(a) years of service; (b) final average monthly salary; or (c) a retirement multiplier. See Utah Code 49-11-102 - defined contribution plan: means any defined contribution plan or deferred compensation plan authorized under the Internal Revenue Code and administered by the board. See Utah Code 49-11-102
- Dependent: A person dependent for support upon another.
- Devise: To gift property by will.
- 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
- Director: means the director of the Division of Waste Management and Radiation Control. See Utah Code 19-6-1102
- Director: means a member of the board of directors. See Utah Code 16-6a-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 Utah State Division of Securities of the Department of Commerce. See Utah Code 51-7-3
- Director: means the director of the Division of Environmental Response and Remediation. See Utah Code 19-6-402
- Disability: means the complete inability, due to objective medical impairment, whether physical or mental, to perform firefighter service. See Utah Code 49-16-102
- 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:
- Dispatcher: means the same as that term is defined in Section 53-6-102. See Utah Code 49-14-102
- Dispatcher: means the same as that term is defined in Section 53-6-102. See Utah Code 49-15-102
- Dispatcher: means the same as that term is defined in Section 53-6-102. See Utah Code 49-23-102
- 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: 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
- 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: means a transfer of money or other property from a limited partnership to a person on account of a transferable interest or in the person's capacity as a partner. See Utah Code 48-2e-102
- Distribution: means a transfer of money or other property from a limited liability company to a person on account of a transferable interest or in the person's capacity as a member. See Utah Code 48-3a-102
- Distribution: means a transfer of money or other property from a partnership to a person on account of a transferable interest or in a person's capacity as a partner. See Utah Code 48-1d-102
- Division: means the Division of Corporations and Commercial Code. See Utah Code 48-2e-102
- Division: means the Division of Waste Management and Radiation Control created in Section 19-1-105. See Utah Code 19-6-803
- Division: means the Division of Corporations and Commercial Code. See Utah Code 48-3a-102
- Division: means the Division of Waste Management and Radiation Control created in Section 19-1-105. See Utah Code 19-6-1102
- Division: means the Division of Corporations and Commercial Code. See Utah Code 16-6a-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 Corporations and Commercial Code. See Utah Code 48-1d-102
- Docket: A log containing brief entries of court proceedings.
- domestic corporation: means a corporation for profit that:
(a) is not a foreign corporation; and (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:
(a) is not a foreign nonprofit corporation; and (b) is incorporated under or subject to this chapter. See Utah Code 16-6a-102 - Dwelling: means a building that is usually occupied by a person lodging there at night. See Utah Code 19-6-402
- Educational institution: means a political subdivision or instrumentality of the state or a combination thereof primarily engaged in educational activities or the administration or servicing of educational activities, including:
(a) the State Board of Education and its instrumentalities; (b) any institution of higher education and its branches; (c) any school district and its instrumentalities; (d) any vocational and technical school; and (e) any entity arising out of a consolidation agreement between entities described under this Subsection (22). See Utah Code 49-11-102 - Eligible employee: means the following employee whose employer provides coverage under this chapter:
(i) (A) any regular full-time employee as defined under Section 49-12-102, 49-13-102, or 49-22-102; (B) any public safety service employee as defined under Section 49-14-102, 49-15-102, or 49-23-102; (C) any firefighter service employee or volunteer firefighter as defined under Section 49-23-102 who began firefighter service on or after July 1, 2011; (D) any judge as defined under Section 49-17-102 or 49-18-102; or (E) the governor of the state; (ii) an employee who is exempt from participating in a retirement system under Subsection 49-12-203(4), 49-13-203(4), 49-14-203(1), or 49-15-203(1); and (iii) an employee who is covered by a retirement program offered by a public or private system, organization, or company designated by the Utah Board of Higher Education. See Utah Code 49-21-102 - Eligible program: means a collection, reuse, or recycling system for a consumer electronic device, including:
(a) a system by which a manufacturer, manufacturer's designee, or other private entity offers a consumer an option to return a consumer electronic device by mail; (b) a system using a physical collection site that a manufacturer, manufacturer's designee, or other private or public entity provides for a consumer to return a covered consumer electronic device; or (c) a system that uses a collection event held by a manufacturer, manufacturer's designee, or other private or public entity at which a consumer may return a consumer electronic device. See Utah Code 19-6-1202 - Elimination period: means the three months at the beginning of each continuous period of total disability for which no benefit will be paid. See Utah Code 49-21-102
- Emergency medical service personnel: means an individual who:
(a) is: (i) a paramedic; (ii) an advanced emergency medical services technician; or (iii) an emergency medical services technician; (b) is required to be licensed or certified under Section 53-2d-402; and (c) has a primary job duty to provide emergency medical services as a first responder. See Utah Code 49-16-102 v2 - Emergency medical service personnel: means an individual who:
(a) is: (i) a paramedic; (ii) an advanced emergency medical services technician; or (iii) an emergency medical services technician; (b) is required to be licensed or certified under Section 53-2d-402; and (c) has a primary job duty to provide emergency medical services as a first responder. See Utah Code 49-23-102 v2 - Employee: includes an officer of a nonprofit corporation. See Utah Code 16-6a-102
- Employee Benefit Plans: means any group health, dental, medical, disability, life insurance, medicare supplement, conversion coverage, cafeteria, flex plans, or other program for covered individuals administered by the Public Employees' Benefit and Insurance Program. See Utah Code 49-20-102
- Employer: means any department, educational institution, or political subdivision of the state eligible to participate in a government-sponsored retirement system under federal law. See Utah Code 49-11-102
- Employer: means the state, its political subdivisions, and educational institutions. See Utah Code 49-20-102
- Encumbrances: means obligations in the form of purchase orders, contracts, or salary commitments that are chargeable to an appropriation and for which a part of the appropriation is reserved. See Utah Code 51-5-3
- 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
- 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 :
(a) a domestic or foreign corporation; (b) a domestic or foreign nonprofit corporation; (c) a limited liability company; (d) a profit or nonprofit unincorporated association; (e) a business trust; (f) an estate; (g) a partnership; (h) a trust; (i) two or more persons having a joint or common economic interest; (j) a state; (k) the United States; or (l) a foreign government. See Utah Code 16-6a-102 - 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
- Exempt employee: means an employee working for a participating employer:
(a) who is not eligible for service credit under Section 49-12-203, 49-13-203, 49-14-203, 49-15-203, or 49-16-203; and (b) for whom a participating employer is not required to pay contributions or nonelective contributions. See Utah Code 49-11-102 - Expenditures: means decreases in net financial resources from other than interfund transfers, refundings of general long-term capital debt, and other items indicated by GASB. See Utah Code 51-5-3
- Facility: means :
(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 (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
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Fiduciary: A trustee, executor, or administrator.
- Final average monthly salary: means the amount computed by dividing the compensation received during the final average salary period under each system by the number of months in the final average salary period. See Utah Code 49-11-102
- Final average salary: means the amount calculated by averaging the highest five years of annual compensation preceding retirement subject to Subsections (3)(b), (c), (d), (e), and (f). See Utah Code 49-12-102
- Final average salary: means the amount calculated by averaging the highest three years of annual compensation preceding retirement subject to Subsections (3)(b), (c), (d), and (e). See Utah Code 49-13-102
- Final average salary: means the amount calculated by averaging the highest three years of annual compensation preceding retirement subject to Subsections (3)(b), (c), and (d). See Utah Code 49-14-102
- Final average salary: means the amount calculated by averaging the highest three years of annual compensation preceding retirement subject to Subsections (3)(b), (c), and (d). See Utah Code 49-15-102
- Final average salary: means the amount calculated by averaging the highest three years of annual compensation preceding retirement subject to Subsections (3)(b), (c), and (d). See Utah Code 49-16-102
- Final average salary: means the amount calculated by averaging the highest two years of annual compensation preceding retirement, subject to Subsections (2)(a), (b), and (c). See Utah Code 49-17-102
- Final average salary: means the amount calculated by averaging the highest two years of annual compensation preceding retirement, subject to Subsections (2)(a), (b), and (c). See Utah Code 49-18-102
- Final average salary: means the amount calculated by averaging the highest five years of annual compensation preceding retirement subject to Subsections (4)(b), (c), (d), (e), and (f). See Utah Code 49-22-102
- Final average salary: means the amount calculated by averaging the highest five years of annual compensation preceding retirement subject to Subsections (4)(b), (c), (d), (e), and (f). See Utah Code 49-23-102
- Financial resources: includes cash, claims to cash such as taxes receivable, and claims to goods or services such as prepaids. See Utah Code 51-5-3
- Firefighter service: means employment normally requiring an average of 2,080 hours of regularly scheduled employment per year rendered by a member who is:
(i) a firefighter service employee trained in firefighter techniques and assigned to a position of hazardous duty with a regularly constituted fire department; or (ii) the state fire marshal appointed under Section 53-7-103 or a deputy state fire marshal. See Utah Code 49-16-102 - Firefighter service: means employment normally requiring an average of 2,080 hours of regularly scheduled employment per year rendered by a member who is:
(i) a firefighter service employee trained in firefighter techniques and assigned to a position of hazardous duty with a regularly constituted fire department; (ii) the state fire marshal appointed under Section 53-7-103 or a deputy state fire marshal; or (iii) a firefighter service employee who is: (A) hired on or after July 1, 2021; (B) trained in firefighter techniques; (C) assigned to a position of hazardous duty; and (D) employed by the state as a participating employer. See Utah Code 49-23-102 - Firefighter service employee: means an employee of a participating employer who provides firefighter service under this chapter. See Utah Code 49-16-102
- Firefighter service employee: means an employee of a participating employer who provides firefighter service under this chapter. See Utah Code 49-23-102
- Fiscal period: means any period at the end of which a governmental unit determines its financial position and the results of its operations. See Utah Code 51-5-3
- Fiscal report: means providing information detailing revenues and expenditures of all funds in a format prescribed by the state auditor. See Utah Code 51-2a-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.
- Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
- You are late making a payment or commit some other default, triggering an increase to a penalty rate
- The bank changes the terms of your account and you do not reject the change.
- The rate expires (if the rate was fixed for only a certain period of time).
- 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
- 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 limited liability company: means an unincorporated entity formed under the law of a jurisdiction other than this state, which would be a limited liability company, including a low-profit limited liability company, if formed under the law of this state. See Utah Code 48-3a-102
- Foreign limited liability limited partnership: means a foreign limited partnership whose general partners have limited liability for the debts, obligations, or other liabilities of the foreign limited partnership under a provision similar to Subsection 48-2e-404(3). See Utah Code 48-2e-102
- Foreign limited liability partnership: means a foreign partnership whose partners have limited liability for the debts, obligations, or other liabilities of the foreign partnership under a provision similar to Subsection 48-1d-306(3). See Utah Code 48-1d-102
- Foreign limited partnership: means an unincorporated entity formed under the law of a jurisdiction other than this state which would be a limited partnership if formed under the law of this state. See Utah Code 48-2e-102
- Foreign nonprofit corporation: means an entity:
(a) incorporated under a law other than the laws of this state; and (b) that would be a nonprofit corporation if formed under the laws of this state. See Utah Code 16-6a-102 - Foreign partnership: means an unincorporated entity formed under the law of a jurisdiction other than this state which would be a partnership if formed under the law of this state. See Utah Code 48-1d-102
- Fraud: Intentional deception resulting in injury to another.
- Full-time: means a:
(a) regular full-time employee whose term of employment for a participating employer contemplates continued employment during a fiscal or calendar year and whose employment normally requires an average of 40 hours or more per week and who receives benefits normally provided by the participating employer; (b) teacher whose term of employment for a participating employer contemplates continued employment during a school year and who teaches full time; (c) firefighter service employee whose employment normally requires an average of 2,080 hours of regularly scheduled firefighter service per year; and (d) public safety service employee whose employment normally requires an average of 2,080 hours of regularly scheduled public safety service per year. See Utah Code 49-11-1301 - Function: means a group of related activities aimed at accomplishing a major service or regulatory program for which a governmental unit is responsible. See Utah Code 51-5-3
- Fund: means the Waste Tire Recycling Fund created in Section 19-6-807. See Utah Code 19-6-803
- Fund: means any fund created under this title for the purpose of paying benefits or costs of administering a system, plan, or program. See Utah Code 49-11-102
- Fund: means an independent fiscal and accounting entity with a self-balancing set of accounts, composed of financial resources and other assets, all related liabilities and residual equities or balances and changes in those resources, assets, liabilities, and equities that, when recorded, are segregated for the purpose of carrying on specific activities or attaining certain objectives, according to special regulations, restrictions, or limitations. See Utah Code 51-5-3
- 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
- Gainful employment: means any occupation or employment position in the state that:
(i) contemplates continued employment during a fiscal or calendar year; and (ii) would pay an amount equal to or greater than 40 hours per week at the legally required minimum wage, regardless of the number of hours worked. See Utah Code 49-21-102 - Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- GASB: means the Governmental Accounting Standards Board that is responsible for accounting standards used by public entities. See Utah Code 51-5-3
- General partner: means a person that:
(a) has become a general partner under Section 48-2e-401 or was a general partner in a limited partnership when the limited partnership became subject to this chapter under Section 48-2e-1205; and (b) has not dissociated as a general partner under Section 48-2e-603. See Utah Code 48-2e-102 - General public benefit: means a material positive impact on society and the environment:
(a) taken as a whole; (b) assessed against a third-party standard; and (c) from the business of a benefit company. See Utah Code 48-4-103 - generated: means the act or process of producing nonhazardous solid or hazardous waste. See Utah Code 19-6-102
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Governing board: means :
(a) the governing board of each political subdivision; (b) the governing board of each interlocal organization having the power to tax or to expend public funds; (c) the governing board of any local mental health authority established under the authority of Title 26B, Chapter 5, Health Care - Substance Use and Mental Health; (d) the governing board of any substance abuse authority established under the authority of Title 26B, Chapter 5, Health Care - Substance Use and Mental Health; (e) the governing board of any area agency established under the authority of 1; (f) the board of directors of any nonprofit corporation that receives an amount of money requiring an accounting report under Section 51-2a-201. See Utah Code 51-2a-102 - Governing body: means the governing board, commission, or council of a public entity. See Utah Code 19-6-502
- Governing person: means a person, alone or in concert with others, by or under whose authority the powers of the limited liability company are exercised and under whose direction the activities and affairs of the limited liability company are managed pursuant to this chapter and the limited liability company's operating agreement. See Utah Code 48-3a-102
- Governmental Accounting Standards Board: means the Governmental Accounting Standards Board that is responsible for accounting standards used by public entities. See Utah Code 51-7-3
- Governmental fund: includes the following types: General Fund, special revenue funds, debt service funds, capital projects funds, and permanent funds. See Utah Code 51-5-3
- Governmental nonprofit corporation: means the same as that term is defined in Section 11-13a-102. See Utah Code 51-2a-102
- Governor: includes former governors. See Utah Code 49-19-102
- Group: means any organized club, organization, corporation or association which at the time of use of the shooting range has a certified official in charge while shooting is taking place and while the range is open. See Utah Code 47-3-102
- Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
- 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:Utah Code 68-3-12.5
- Half-time: means :
(a) a regular employee whose term of employment for a participating employer contemplates continued employment during a fiscal or calendar year and whose employment normally requires an average of 20 hours per week and who receives benefits normally provided by the participating employer; (b) a teacher whose term of employment for a participating employer contemplates continued employment during a school year and who teaches half time; (c) a firefighter service employee whose employment normally requires an average of 1,040 hours of regularly scheduled firefighter service per year; (d) a public safety service employee whose employment normally requires an average of 1,040 hours of regularly scheduled public safety service per year; and (e) for a retiree employed before retirement as a public safety service employee or a firefighter service employee in a position for which the participating employer established a regularly scheduled work period in excess of 2,080 hours per year, one-half of that regularly scheduled work period as long as the retiree has continuing employment in that same position. See Utah Code 49-11-1301 - Hazardous materials: means hazardous waste as defined in the Utah Hazardous Waste Management Regulations, PCBs, dioxin, asbestos, or a substance regulated under 42 U. See 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
- Higher education institution: means the institutions specified in Section 53B-1-102. See Utah Code 51-7-3
- Highway: includes :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
- Immediate family member: means a parent, spouse, surviving spouse, child, or sibling. See Utah Code 48-4-103
- Inactive member: means a member who has not been employed by a participating employer for a period of at least 120 days. See Utah Code 49-11-102
- 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
- Individual: means :
(a) a natural person; (b) the estate of an incompetent individual; or (c) the estate of a deceased individual. See