19-2-108.  Notice of construction or modification of installations required — Authority of director to prohibit construction — Hearings — Limitations on authority of director — Inspections authorized.

(1)  Notice shall be given to the director by a person planning to:

Terms Used In Utah Code 19-2-108

  • Adjudicative proceeding: means :Utah Code 68-3-12.5
  • Air pollutant: means a substance that qualifies as an air pollutant as defined in 42 U. See Utah Code 19-2-102
  • Air pollutant source: means private and public sources of emissions of air pollutants. 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
  • Board: means the Air Quality Board. See Utah Code 19-2-102
  • Director: means the director of the Division of Air Quality. See Utah Code 19-2-102
  • Indirect source: means a facility, building, structure, or installation which attracts or may attract mobile source activity that results in emissions of a pollutant for which there is a national standard. See Utah Code 19-2-102
  • 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
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • 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
(a)  construct a new installation that will or might reasonably be expected to be a source or indirect source of air pollution;

(b)  make modifications to an existing installation that will or might reasonably be expected to increase the amount of or change the character or effect of air pollutants discharged, so that the installation may be expected to be a source or indirect source of air pollution; or

(c)  install an air cleaning device or other equipment intended to control emission of air pollutants.

(2)  A person may not operate a source of air pollution required to have a permit by a rule adopted under Section 19-2-104 or 19-2-107 without having obtained a permit from the director under procedures the board establishes by rule.

(3) 

(a)  The director may require, as a condition precedent to the construction, modification, installation, or establishment of the air pollutant source or indirect source, the submission of plans, specifications, and other information as the director finds necessary to determine whether the proposed construction, modification, installation, or establishment will be in accord with applicable rules in force under this chapter, and the payment of a new source review fee established under Subsection 19-1-201(6)(i).

(b)  If within 90 days after the receipt of plans, specifications, or other information required under this Subsection (3), the director determines that the proposed construction, installation, or establishment or any part of it will not be in accord with the requirements of this chapter or applicable rules or that further time, not exceeding three extensions of 30 days each, is required by the director to adequately review the plans, specifications, or other information, the director shall issue an order prohibiting the construction, installation, or establishment of the air pollutant source or sources in whole or in part.

(4)  In addition to any other remedies but before invoking any other remedies, a person aggrieved by the issuance of an order either granting or denying a request for the construction of a new installation, upon request, in accordance with the rules of the department, is entitled to a special adjudicative proceeding conducted by an administrative law judge as provided by Section 19-1-301.5.

(5)  A feature, machine, or device constituting a part of or called for by plans, specifications, or other information submitted under Subsection (1) shall be maintained in good working order.

(6)  This section does not authorize the director to require the use of machinery, devices, or equipment from a particular supplier or produced by a particular manufacturer if the required performance standards may be met by machinery, devices, or equipment otherwise available.

(7) 

(a)  An authorized officer, employee, or representative of the director may enter and inspect a property, premise, or place on or at which an air pollutant source is located or is being constructed, modified, installed, or established at a reasonable time for the purpose of ascertaining the state of compliance with this chapter and the rules adopted under this chapter.

(b) 

(i)  A person may not refuse entry or access to an authorized representative of the director who requests entry for purposes of inspection and who presents appropriate credentials.

(ii)  A person may not obstruct, hamper, or interfere with an inspection.

(c)  If requested, the owner or operator of the premises shall receive a report setting forth the facts found that relate to compliance status.

Amended by Chapter 256, 2020 General Session

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