19-6-906.  Decontamination standards — Specialist certification standards — Rulemaking.

(1)  The Department of Health shall make rules under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in consultation with the local health departments and the Department of Environmental Quality, to establish:

Terms Used In Utah Code 19-6-906

  • Board: means the Waste Management and Radiation Control Board, as defined in Section 19-1-106, within the Department of Environmental Quality. 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
  • 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
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • 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)  decontamination and sampling standards and best management practices for the inspection and decontamination of property and the disposal of contaminated debris under this part;

    (b)  appropriate methods for the testing of buildings and interior surfaces, and furnishings, soil, and septic tanks for contamination; and

    (c)  when testing for contamination may be required.

    (2)  The Department of Environmental Quality Waste Management and Radiation Control Board shall make rules under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in consultation with the Department of Health and local health departments, to establish within the Department of Environmental Quality Division of Environmental Response and Remediation:

    (a)  certification standards for any private person, firm, or entity involved in the decontamination of contaminated property; and

    (b)  a process for revoking the certification of a decontamination specialist who fails to maintain the certification standards.

    (3)  All rules made under this part shall be consistent with other state and federal requirements.

    (4)  The board has authority to enforce the provisions under Subsection (2).

    Amended by Chapter 451, 2015 General Session