19-2-107.  Director — Appointment — Powers.

(1)  The executive director shall appoint the director. The director shall serve under the administrative direction of the executive director.

Terms Used In Utah Code 19-2-107

  • Air pollutant: means a substance that qualifies as an air pollutant as defined in 42 U. See Utah Code 19-2-102
  • Air pollution: means the presence of an air pollutant in the ambient air in the quantities, for a duration, and under the conditions and circumstances that are injurious to human health or welfare, animal or plant life, or property, or would unreasonably interfere with the enjoyment of life or use of property, as determined by the rules adopted by the board. See Utah Code 19-2-102
  • Ambient air: means that portion of the atmosphere, external to buildings, to which the general public has access. See Utah Code 19-2-102
  • Board: means the Air Quality Board. See Utah Code 19-2-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Director: means the director of the Division of Air Quality. See Utah Code 19-2-102
  • Division: means the Division of Air Quality created in Section 19-1-105. See Utah Code 19-2-102
  • Executive director: means the executive director of the department appointed pursuant to Section 19-1-104. See Utah Code 19-1-103
  • 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
  • Property: includes both real and personal property. 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
(2) 

(a)  The director shall:

(i)  prepare and develop comprehensive plans for the prevention, abatement, and control of air pollution in Utah;

(ii)  advise, consult, and cooperate with other agencies of the state, the federal government, other states and interstate agencies, and affected groups, political subdivisions, and industries in furtherance of the purposes of this chapter;

(iii)  review plans, specifications, or other data relative to air pollution control equipment or any part of the air pollution control equipment;

(iv)  under the direction of the executive director, represent the state in all matters relating to interstate air pollution, including interstate compacts and similar agreements;

(v)  secure necessary scientific, technical, administrative, and operational services, including laboratory facilities, by contract or otherwise;

(vi)  encourage voluntary cooperation by persons and affected groups to achieve the purposes of this chapter;

(vii)  encourage local units of government to handle air pollution within their respective jurisdictions on a cooperative basis and provide technical and consulting assistance to them;

(viii)  determine by means of field studies and sampling the degree of air contamination and air pollution in all parts of the state;

(ix)  monitor the effects of the emission of air pollutants from motor vehicles on the quality of the outdoor atmosphere in all parts of Utah and take appropriate responsive action;

(x)  collect and disseminate information relating to air contamination and air pollution and conduct educational and training programs relating to air contamination and air pollution;

(xi)  assess and collect noncompliance penalties as required in Section 120 of the federal Clean Air Act, 42 U.S.C. § 7420;

(xii)  comply with the requirements of federal air pollution laws;

(xiii)  subject to the provisions of this chapter, enforce rules through the issuance of orders, including:

(A)  prohibiting or abating discharges of wastes affecting ambient air;

(B)  requiring the construction of new control facilities or any parts of new control facilities or the modification, extension, or alteration of existing control facilities or any parts of new control facilities; or

(C)  adopting other remedial measures to prevent, control, or abate air pollution; and

(xiv)  as authorized by the board and subject to the provisions of this chapter, act as executive secretary of the board under the direction of the chairman of the board.

(b)  The director may:

(i)  employ full-time, temporary, part-time, and contract employees necessary to carry out this chapter;

(ii)  subject to the provisions of this chapter, authorize an employee or representative of the department to enter at reasonable times and upon reasonable notice in or upon public or private property for the purposes of inspecting and investigating conditions and plant records concerning possible air pollution;

(iii)  encourage, participate in, or conduct studies, investigations, research, and demonstrations relating to air pollution and its causes, effects, prevention, abatement, and control, as advisable and necessary for the discharge of duties assigned under this chapter, including the establishment of inventories of pollution sources;

(iv)  collect and disseminate information relating to air pollution and the prevention, control, and abatement of it;

(v)  cooperate with studies and research relating to air pollution and its control, abatement, and prevention;

(vi)  subject to Subsection (3), upon request, consult concerning the following with a person proposing to construct, install, or otherwise acquire an air pollutant source in Utah:

(A)  the efficacy of proposed air pollution control equipment for the source; or

(B)  the air pollution problem that may be related to the source;

(vii)  accept, receive, and administer grants or other funds or gifts from public and private agencies, including the federal government, for the purpose of carrying out any of the functions of this chapter;

(viii)  subject to Subsection 19-2-104(3)(b)(i), settle or compromise a civil action initiated by the division to compel compliance with this chapter or the rules made under this chapter; or

(ix)  subject to the provisions of this chapter, exercise all incidental powers necessary to carry out the purposes of this chapter, including certification to state or federal authorities for tax purposes that air pollution control equipment has been certified in conformity with Title 19, Chapter 12, Pollution Control Act.

(3)  A consultation described in Subsection (2)(b)(vi) does not relieve a person from the requirements of this chapter, the rules adopted under this chapter, or any other provision of law.

Amended by Chapter 281, 2018 General Session

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