Terms Used In Utah Code > Title 16 > Chapter 6a > Part 3 - Purposes And Powers

• Abatement action: means action taken to limit, reduce, mitigate, or eliminate:

  (a)	a release from a petroleum storage tank; or

  (b)

  the damage caused by that release. See Utah Code 19-6-402 Aboveground petroleum storage tank: means a storage tank that is, by volume, less than 10% buried in the ground, including the pipes connected to the storage tank and: (a)  (i)  has attached underground piping; or (ii)  rests directly on the ground; (b)  contains regulated substances; (c)  has the capacity to hold 501 gallons or more; and (d)  is not: (i)  used in agricultural operations, as defined by the board by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (ii)  used for heating oil for consumptive use on the premises where stored; (iii)  related to a petroleum facility under SIC Code 2911 or 5171 of the 1987 Standard Industrial Classification Manual of the federal Executive Office of the President, Office of Management and Budget; (iv)  directly related to oil or gas production and gathering operations; or (v)  used in the fueling of aircraft or ground service equipment at a commercial airport that serves passengers or cargo, with commercial airport defined in Section 72-10-102. See Utah Code 19-6-402 Adjudicative proceeding: means :Utah Code 68-3-12.5 Advanced recycling: means a manufacturing process that converts post-use polymers or recovered feedstock into basic raw materials, chemicals, or advanced recycling products using technology including: (i)  pyrolysis; (ii)  gasification; (iii)  depolymerization; (iv)  catalytic cracking; (v)  reforming; (vi)  hydrogenation; (vii)  solvolysis; or (viii)  chemolysis. See Utah Code 19-6-502 Advanced recycling facility: means a manufacturing facility: (a)  that is registered with the Division of Waste Management and Radiation Control, created in Subsection 19-1-105(1)(d); (b)  that receives, stores, and converts post-use polymers or recovered feedstock using advanced recycling; (c)  that is subject to applicable Department of Environmental Quality manufacturing regulations for air, water, waste, and land use; and (d)  for which the feedstock received by the manufacturing facility is source-separated, diverted, or recovered from municipal or other waste streams prior to acceptance at the facility. See Utah Code 19-6-502 Advanced recycling product: means a recycled product produced at an advanced recycling facility, including: (a)  a monomer; (b)  an oligomer; (c)  a plastic; (d)  a chemical feedstock; (e)  a basic and unfinished chemical; (f)  a wax; (g)  a lubricant; (h)  a coating; or (i)  an adhesive. See Utah Code 19-6-502 Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization Articles of incorporation: include : (a)  amended articles of incorporation; (b)  restated articles of incorporation; (c)  articles of merger; and (d)  a document of a similar import to the documents described in Subsections (3)(a) through (c). See Utah Code 16-6a-102 Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Board: means the Waste Management and Radiation Control Board appointed under Title 19, Chapter 6, Hazardous Substances. See Utah Code 19-6-601 Board: means the Waste Management and Radiation Control Board created in Section 19-1-106. See Utah Code 19-6-402 board of directors: means the body authorized to manage the affairs of a domestic or foreign nonprofit corporation. See Utah Code 16-6a-102 Bodily injury: means bodily harm, sickness, disease, or death sustained by a person. See Utah Code 19-6-402 Bylaws: includes : (i)  amended bylaws; and (ii)  restated bylaws. See Utah Code 16-6a-102 Certificate of compliance: means a certificate issued to a facility by the director: (a)  demonstrating that an owner or operator of a facility containing one or more petroleum storage tanks has met the requirements of this part; and (b)  listing petroleum storage tanks at the facility, specifying: (i)  which tanks may receive petroleum; and (ii)  which tanks have not met the requirements for compliance. See Utah Code 19-6-402 Certificate of registration: means a certificate issued to a facility by the director demonstrating that an owner or operator of a facility containing one or more petroleum storage tanks has: (a)  registered the tanks; and (b)  paid the annual tank fee. See Utah Code 19-6-402 Certified petroleum storage tank consultant: means a person who: (i)  for a fee, or in connection with services for which a fee is charged, provides or contracts to provide information, opinions, or advice relating to underground storage tank release: (A)  management; (B)  abatement; (C)  investigation; (D)  corrective action; or (E)  evaluation; (ii)  has submitted an application to the director; (iii)  received a written statement of certification from the director; and (iv)  meets the education and experience standards established by the board under Subsection 19-6-403(1)(a)(vii). See Utah Code 19-6-402 Closed: means a petroleum storage tank that is no longer in use that has been: (a)  emptied and cleaned to remove the liquids and accumulated sludges; and (b)  (i)  removed along with all underground components; or (ii)  filled with an inert solid material, and in the case of piping, secured and capped. See Utah Code 19-6-402 Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action. Contract: A legal written agreement that becomes binding when signed. Corporate name: means : (a)  the name of a domestic corporation as stated in the domestic corporation's articles of incorporation; (b)  the name of a domestic nonprofit corporation as stated in the domestic nonprofit corporation's articles of incorporation; (c)  the name of a foreign corporation as stated in the foreign corporation's: (i)  articles of incorporation; or (ii)  document of similar import to articles of incorporation; or (d)  the name of a foreign nonprofit corporation as stated in the foreign nonprofit corporation's: (i)  articles of incorporation; or (ii)  document of similar import to articles of incorporation. See Utah Code 16-6a-102 Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Corrective action plan: means a plan for correcting a release from a petroleum storage tank that includes provisions for any of the following: (a)  cleanup or removal of the release; (b)  containment or isolation of the release; (c)  treatment of the release; (d)  correction of the cause of the release; (e)  monitoring and maintenance of the site of the release; (f)  provision of alternative water supplies to a person whose drinking water has become contaminated by the release; or (g)  temporary or permanent relocation, whichever is determined by the director to be more cost-effective, of a person whose dwelling has been determined by the director to be no longer habitable due to the release. See Utah Code 19-6-402 Costs: means money expended for: (a)  investigation; (b)  abatement action; (c)  corrective action; (d)  judgments, awards, and settlements for bodily injury or property damage to third parties; (e)  legal and claims adjusting costs incurred by the state in connection with judgments, awards, or settlements for bodily injury or property damage to third parties; or (f)  costs incurred by the state risk manager in determining the actuarial soundness of the fund. See Utah Code 19-6-402 Covered by the fund: means the requirements of Section 19-6-424 have been met. See Utah Code 19-6-402 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Director: means the director of the Division of Waste Management and Radiation Control. See Utah Code 19-6-601 Director: means a member of the board of directors. See Utah Code 16-6a-102 Director: means the director of the Division of Environmental Response and Remediation. See Utah Code 19-6-402 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Division: means the Division of Environmental Response and Remediation, created in Subsection 19-1-105(1)(c). See Utah Code 19-6-402 Dwelling: means a building that is usually occupied by a person lodging there at night. See Utah Code 19-6-402 Employee: includes an officer of a nonprofit corporation. See Utah Code 16-6a-102 Entity: includes : (a)  a domestic or foreign corporation; (b)  a domestic or foreign nonprofit corporation; (c)  a limited liability company; (d)  a profit or nonprofit unincorporated association; (e)  a business trust; (f)  an estate; (g)  a partnership; (h)  a trust; (i)  two or more persons having a joint or common economic interest; (j)  a state; (k)  the United States; or (l)  a foreign government. See Utah Code 16-6a-102 Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Executive director: means the executive director of the department appointed pursuant to Section 19-1-104. See Utah Code 19-1-103 Facility: means the petroleum storage tanks located on a single parcel of property or on any property adjacent or contiguous to that parcel. See Utah Code 19-6-402 Fiduciary: A trustee, executor, or administrator. Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Fraud: Intentional deception resulting in injury to another. Fund: means the Petroleum Storage Tank Fund created in Section 19-6-409. See Utah Code 19-6-402 Governing body: means the governing board, commission, or council of a public entity. See Utah Code 19-6-502 Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC Individual: means : (a)  a natural person; (b)  the estate of an incompetent individual; or (c)  the estate of a deceased individual. See Utah Code 16-6a-102 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Jurisdiction: means the area within the incorporated limits of: (a)  a municipality; (b)  a special service district; (c)  a municipal-type service district; (d)  a service area; or (e)  the territorial area of a county not lying within a municipality. See Utah Code 19-6-502 Land: includes :Utah Code 68-3-12.5 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Lien: A claim against real or personal property in satisfaction of a debt. Long-term agreement: means an agreement or contract having a term of more than five years but less than 50 years. See Utah Code 19-6-502 Mass balance attribution: means a chain of custody accounting methodology with rules defined by a third-party certification system that enables the attribution of the mass of advanced recycling feedstock to at least one advanced recycling product. See Utah Code 19-6-502 Member: includes : (i)  "voting member"; and (ii)  a shareholder in a water company. See Utah Code 16-6a-102 Membership: refers to the rights and obligations of a member or members. See Utah Code 16-6a-102 money: means : (i)  legal tender; (ii)  a negotiable instrument; or (iii)  other cash equivalent readily convertible into legal tender. See Utah Code 16-6a-102 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Municipal residential waste: means solid waste that is: (a)  discarded or rejected at a residence within the public entity's jurisdiction; and (b)  collected at or near the residence by: (i)  a public entity; or (ii)  a person with whom the public entity has as an agreement to provide solid waste management. See Utah Code 19-6-502 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Operator: means a person in control of or who is responsible on a daily basis for the maintenance of a petroleum storage tank that is in use for the storage, use, or dispensing of a regulated substance. See Utah Code 19-6-402 Owner: means : (a)  in the case of an underground storage tank in use on or after November 8, 1984, a person who owns an underground storage tank used for the storage, use, or dispensing of a regulated substance; (b)  in the case of an underground storage tank in use before November 8, 1984, but not in use on or after November 8, 1984, a person who owned the tank immediately before the discontinuance of its use for the storage, use, or dispensing of a regulated substance; and (c)  in the case of an aboveground petroleum storage tank, a person who owns the aboveground petroleum storage tank. See Utah Code 19-6-402 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. 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 Person: means an: (a)  individual; or (b)  entity. See Utah Code 16-6a-102 Personal property: includes :Utah Code 68-3-12.5 Personal property: All property that is not real property. Petroleum: includes crude oil or a fraction of crude oil that is liquid at: (a)  60 degrees Fahrenheit; and (b)  a pressure of 14. See Utah Code 19-6-402 Petroleum storage tank: means a tank that: (a)  is an underground storage tank; (b)  is an aboveground petroleum storage tank; or (c)  is a tank containing regulated substances that is voluntarily submitted for participation in the Petroleum Storage Tank Fund under Section 19-6-415. See Utah Code 19-6-402 Principal office: means : (a)  the office, in or out of this state, designated by a domestic or foreign nonprofit corporation as its principal office in the most recent document on file with the division providing that information, including: (i)  an annual report; (ii)  an application for a certificate of authority; or (iii)  a notice of change of principal office; or (b)  if no principal office can be determined, a domestic or foreign nonprofit corporation's registered office. See Utah Code 16-6a-102 Probate: Proving a will Proceeding: includes : (a)  a civil suit; (b)  arbitration; (c)  mediation; (d)  a criminal action; (e)  an administrative action; or (f)  an investigatory action. See Utah Code 16-6a-102 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Program: means the Environmental Assurance Program under Section 19-6-410. See Utah Code 19-6-402 Property: includes both real and personal property. See Utah Code 68-3-12.5 Property damage: means physical injury to, destruction of, or loss of use of tangible property. See Utah Code 19-6-402 Public entity: means : (a)  a county; (b)  a municipality; (c)  a special service district under Title 17D, Chapter 1, Special Service District Act; (d)  a service area under 9; or (e)  a municipal-type service district created under Title 17, Chapter 34, Municipal-Type Services to Unincorporated Areas. See Utah Code 19-6-502 Quorum: The number of legislators that must be present to do business. Receive: when used in reference to receipt of a writing or other document by a domestic or foreign nonprofit corporation, means the writing or other document is actually received: (a)  by the domestic or foreign nonprofit corporation at: (i)  its registered office in this state; or (ii)  its principal office; (b)  by the secretary of the domestic or foreign nonprofit corporation, wherever the secretary is found; or (c)  by another person authorized by the bylaws or the board of directors to receive the writing or other document, wherever that person is found. See Utah Code 16-6a-102 Recovered feedstock: means a material: (i)  that includes post-use polymers; (ii)  for which the United States Environmental Protection Agency made a non-waste determination or has otherwise determined is feedstock and solid waste; or (iii)  that is converted using an advanced recycling process after storage of less than 270 days. See Utah Code 19-6-502 Regulated substance: includes motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils. See Utah Code 19-6-402 Release: means spilling, leaking, emitting, discharging, escaping, leaching, or disposing a regulated substance from a petroleum storage tank into ground water, surface water, or subsurface soils. See Utah Code 19-6-402 Requirement: means an ordinance, policy, rule, mandate, or other directive that imposes a legal duty on a person. See Utah Code 19-6-502 Residence: means an improvement to real property used or occupied as a primary or secondary detached single-family dwelling. See Utah Code 19-6-502 Resource recovery: means the separation, extraction, recycling, or recovery of usable material, energy, fuel, or heat from solid waste and the disposition of it. See Utah Code 19-6-502 Responsible party: is a s defined in Subsections (27)(a)(i), (ii), and (iii) does not include: (i)  a person who is not an operator and, without participating in the management of a facility and otherwise not engaged in petroleum production, refining, and marketing, holds indicia of ownership: (A)  primarily to protect the person's security interest in the facility; or (B)  as a fiduciary or custodian under Title 75, Utah Uniform Probate Code, or under an employee benefit plan; or (ii)  governmental ownership or control of property by involuntary transfers as provided in CERCLA Section 101(20)(D), 42 U. See Utah Code 19-6-402 Road: includes :Utah Code 68-3-12.5 Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. Share: means a unit of interest in a nonprofit corporation. See Utah Code 16-6a-102 Solid waste: means a putrescible or nonputrescible material or substance discarded or rejected as being spent, useless, worthless, or in excess of the owner's needs at the time of discard or rejection, including: (i)  garbage; (ii)  refuse; (iii)  industrial and commercial waste; (iv)  sludge from an air or water control facility; (v)  rubbish; (vi)  ash; (vii)  contained gaseous material; (viii)  incinerator residue; (ix)  demolition and construction debris; (x)  a discarded automobile; and (xi)  offal. See Utah Code 19-6-502 Solid waste management: means the purposeful and systematic collection, transportation, storage, processing, recovery, or disposal of solid waste. See Utah Code 19-6-502 Solid waste management facility: means a facility employed for solid waste management, including: (i)  a transfer station; (ii)  a transport system; (iii)  a baling facility; (iv)  a landfill; and (v)  a processing system, including: (A)  a resource recovery facility; (B)  a facility for reducing solid waste volume; (C)  a plant or facility for compacting, or composting, of solid waste; (D)  an incinerator; (E)  a solid waste disposal, reduction, pyrolization, or conversion facility; (F)  a facility for resource recovery of energy consisting of: (I)  a facility for the production, transmission, distribution, and sale of heat and steam; (II)  a facility for the generation and sale of electric energy to a public utility, municipality, or other public entity that owns and operates an electric power system on March 15, 1982; and (III)  a facility for the generation, sale, and transmission of electric energy on an emergency basis only to a military installation of the United States; and (G)  an auxiliary energy facility that is connected to a facility for resource recovery of energy as described in Subsection (23)(a)(v)(F), that: (I)  is fueled by natural gas, landfill gas, or both; (II)  consists of a facility for the production, transmission, distribution, and sale of supplemental heat and steam to meet all or a portion of the heat and steam requirements of a military installation of the United States; and (III)  consists of a facility for the generation, transmission, distribution, and sale of electric energy to a public utility, a municipality described in Subsection (23)(a)(v)(F)(II), or a political subdivision created under Title 11, Chapter 13, Interlocal Cooperation Act. See Utah Code 19-6-502 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 Statute: A law passed by a legislature. Third-party certification system: means an international or multinational third-party certification system of rules to implement mass balance attribution approaches for advanced recycling, including: (a)  International Sustainability and Carbon Certification; (b)  Underwriter Laboratories; (c)  SCS Recycled Content; (d)  Roundtable on Sustainable Biomaterials; (e)  Ecoloop; or (f)  REDcert2. See Utah Code 19-6-502 Trustee: A person or institution holding and administering property in trust. Underground piping: means piping that is buried in the ground that is in direct contact with soil and connected to an aboveground petroleum storage tank. See Utah Code 19-6-402 Underground storage tank: means a tank regulated under Subtitle I, Resource Conservation and Recovery Act, 42 U. See Utah Code 19-6-402 Underground storage tank installation company: means a person, firm, partnership, corporation, governmental entity, association, or other organization that installs underground storage tanks. See Utah Code 19-6-402 Underground storage tank installation company permit: means a permit issued to an underground storage tank installation company by the director. See Utah Code 19-6-402 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Vote: includes authorization by: (a)  written ballot; and (b)  written consent. See Utah Code 16-6a-102 Writing: includes :Utah Code 68-3-12.5