(1)  The director may impound the radioactive material of any person if:

Terms Used In Utah Code 19-3-111

  • Director: means the director of the Division of Waste Management and Radiation Control. See Utah Code 19-3-102
  • 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
  • Radioactive: means any solid, liquid, or gas which emits radiation spontaneously from decay of unstable nuclei. See Utah Code 19-3-102
(a)  the material poses an imminent threat or danger to the public health or safety; or

(b)  that person is violating:

(i)  any provision of Sections 19-3-104 through 19-3-113;

(ii)  any rules or orders enacted or issued under the authority of those sections; or

(iii)  the terms of a license, permit, or registration certificate issued under the authority of those sections.

(2)  Before any dispositive action may be taken with regard to impounded radioactive materials, the director shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act and Section 19-1-301.

Amended by Chapter 360, 2012 General Session