19-6-107.  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 19-6-107

  • 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
  • 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
  • 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
  • Solid waste: means garbage, refuse, sludge, including sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, or other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, or agricultural operations and from community activities. See Utah Code 19-6-102
  • 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)  The director shall:

(a)  issue an order necessary to enforce this part;

(b)  enforce an order by appropriate administrative and judicial proceedings;

(c)  institute judicial proceedings to secure compliance with this part;

(d)  carry out inspections pursuant to Section 19-6-109;

(e)  require submittal of specifications or other information relating to hazardous waste plans for review, and approve, disapprove, revoke, or review the plans;

(f)  develop programs for solid waste and hazardous waste management and control within the state;

(g)  advise, consult, and cooperate with another agency of the state, the federal government, another state, an interstate agency, an affected group, an affected political subdivision, an affected industry, or other affected person in furtherance of the purposes of this part;

(h)  subject to the provisions of this part, enforce rules made or revised by the board through the issuance of orders;

(i)  review plans, specifications or other data relative to solid waste and hazardous waste control systems or any part of the systems as provided in this part;

(j)  under the direction of the executive director, represent the state in matters pertaining to interstate solid waste and hazardous waste management and control including, under the direction of the board, entering into interstate compacts and other similar agreements; and

(k)  as authorized by the board and subject to the provisions of this part, act as executive secretary of the board under the direction of the chair of the board.

(3)  The director may:

(a)  subject to Subsection 19-6-104(1)(e), settle or compromise any administrative or civil action initiated to compel compliance with this part and any rules adopted under this part;

(b)  employ full-time employees necessary to carry out this part;

(c)  authorize any employee or representative of the department to conduct inspections as permitted in this part;

(d)  encourage, participate in, or conduct studies, investigations, research, and demonstrations relating to solid waste and hazardous waste management and control necessary for the discharge of duties assigned under this part;

(e)  collect and disseminate information relating to solid waste and hazardous waste management control; and

(f)  cooperate with any person in studies and research regarding solid waste and hazardous waste management and control.

Amended by Chapter 256, 2020 General Session

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