19-6-103. Waste Management and Radiation Control Board — Members — Terms — Organization — Meetings — Per diem and expenses.
| (1) |
The board consists of the following 12 members:
Terms Used In Utah Code 19-6-103- 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.
- Board: means the Waste Management and Radiation Control Board created in Section 19-1-106. See Utah Code 19-6-102
- Director: means the director of the Division of Waste Management and Radiation Control. See Utah Code 19-6-102
- 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
- Division: means the Division of Waste Management and Radiation Control, created in Subsection 19-1-105(1)(d). See Utah Code 19-6-102
- Executive director: means the executive director of the department appointed pursuant to Section 19-1-104. See Utah Code 19-1-103
- 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
- Quorum: The number of legislators that must be present to do business.
| (a) |
the following non-voting member, except that the member may vote to break a tie vote between the voting members:
| (i) |
the executive director; or |
| (ii) |
an employee of the department designated by the executive director; and |
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| (b) |
the following 11 voting members appointed by the governor with the advice and consent of the Senate in accordance with 2:
| (i) |
one representative who is:
| (A) |
not connected with industry; and |
| (B) |
a Utah-licensed professional engineer; |
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| (ii) |
two government representatives who do not represent the federal government; |
| (iii) |
one representative from the manufacturing, mining, or fuel industry; |
| (iv) |
one representative from the private solid or hazardous waste disposal industry; |
| (v) |
one representative from the private hazardous waste recovery industry; |
| (vi) |
one representative from the radioactive waste management industry; |
| (vii) |
one representative from the uranium milling industry; |
| (viii) |
one representative from the public who represents:
| (A) |
an environmental nongovernmental organization; or |
| (B) |
a nongovernmental organization that represents community interests and does not represent industry interests; |
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| (ix) |
one representative from the public who is trained and experienced in public health and a licensed:
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| (x) |
one representative who is:
| (A) |
a medical physicist or a health physicist; or |
| (B) |
a professional employed in the field of radiation safety. |
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| (2) |
A member of the board shall:
| (a) |
be knowledgeable about solid and hazardous waste matters and radiation safety and protection as evidenced by a professional degree, a professional accreditation, or documented experience; |
| (b) |
be a resident of Utah; |
| (c) |
attend board meetings in accordance with the attendance rules made by the department under Subsection 19-1-201(1)(d)(i)(A); and |
| (d) |
comply with all applicable statutes, rules, and policies, including the conflict of interest rules made by the department in accordance with Subsection 19-1-201(1)(d)(i)(B) and the conflict of interest provisions described in 3. |
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| (3) |
No more than six of the appointed members may be from the same political party. |
| (4) |
| (a) |
Members shall be appointed for terms of four years each. |
| (b) |
Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that half of the appointed board is appointed every two years. |
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| (5) |
Each member is eligible for reappointment. |
| (6) |
Board members shall continue in office until the expiration of their terms and until their successors are appointed, but not more than 90 days after the expiration of their terms. |
| (7) |
When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term by the governor, after considering recommendations of the board and with the advice and consent of the Senate. |
| (8) |
The board shall elect a chair and vice chair on or before April 1 of each year from its membership. |
| (9) |
A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:
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| (10) |
| (a) |
The board shall hold a meeting at least once every three months including one meeting during each annual general session of the Legislature. |
| (b) |
Meetings shall be held on the call of the chair, the director, or any three of the members. |
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| (11) |
Six members constitute a quorum at any meeting, and the action of the majority of members present is the action of the board. |
Amended by Chapter 352, 2020 General Session
Amended by Chapter 373, 2020 General Session
