Utah Code 19-6-905. Notification of property owner — Notification of municipality or county

(1)

Terms Used In Utah Code 19-6-905

Certified decontamination specialist: means an individual who has met the standards for certification as a decontamination specialist and has been certified by the board under Subsection 19-6-906(2). See Utah Code 19-6-902
contamination: means :

(a)	polluted by hazardous materials that cause property to be unfit for human habitation or use due to immediate or long-term health hazards; or

(b)

that a property is polluted by hazardous materials as a result of the use, production, or presence of methamphetamine in excess of decontamination standards adopted by the Department of Health and Human Services under Section 26B-7-409. See Utah Code 19-6-902

Contamination list: means a list maintained by the local health department of properties:

(a)	reported to the local health department under Section 19-6-903; and

(b)

determined by the local health department to be contaminated. See Utah Code 19-6-902

Decontaminated: means property that at one time was contaminated, but the contaminants have been removed. See Utah Code 19-6-902

Health department: means a local health department under Title 26A, Local Health Authorities. See Utah Code 19-6-902

Local health department: means a local health department as defined in 1. See Utah Code 19-1-103

Property: includes both real and personal property. See Utah Code 68-3-12.5

Reported property: means property that is the subject of a law enforcement report under Section 19-6-903. See Utah Code 19-6-902

(a)

If the local health department determines a property is contaminated, it shall notify the owner of record that the property has been placed on the contamination list and shall provide to the owner information regarding remediation options and the requirements necessary to clean up the property, obtain certification that the property is decontaminated, and remove the property from the contamination list.

(b)	The notification shall include a deadline for the owner to provide to the local health department information on how the owner plans to address the contamination.

(c)

This part does not require that decontamination be conducted by a certified decontamination specialist. However, upon completion of the decontamination, the property must be determined to be decontaminated in accordance with Subsection 19-6-903(4)(c) in order to be removed from the contamination list.

(2)

If the local health department does not receive a response from the owner of record within the time period specified in the notice, or the owner of record advises the local health department that the owner does not intend to take action or that the reported property will be abandoned, the local health department shall notify the municipality in which the reported property is located, or the county, if the location is in an unincorporated area, of the owner of record’s response or lack of response.

Enacted by Chapter 249, 2004 General Session

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