An environmental institutional control may be enforced or protected by a temporary restraining order or an injunction obtained in a court of competent jurisdiction by the department or other affected parties.
Terms Used In Utah Code 19-10-106
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
institutional control: means , with respect to real property, any deed restriction, restrictive covenant, easement, reservation, environmental notice, engineering control, or other restriction or obligation that is designed to protect human health or the environment and:
(a)
is established in connection with a cleanup or risk assessment that is reviewed, overseen, conducted, or administered by the department; and
(b)
(i)
limits the use of the real property, groundwater, or surface water;
(ii)
limits activities that may be performed on or at the property; or
(iii)
requires maintenance of any engineering or other control. See Utah Code 19-10-102
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
(2)
In addition to injunctive relief, the department is entitled to recover costs for actions which, in its discretion, it may take in enforcing and protecting the institutional controls.
(3)
The department may enter the property at reasonable times to ensure compliance with the environmental institutional controls.
