§ 19-10-101 Title — Scope
§ 19-10-102 Definitions
§ 19-10-103 Establishment of environmental institutional controls
§ 19-10-104 Requirements for creation of institutional control
§ 19-10-105 Termination of institutional control
§ 19-10-106 Enforcement and inspection regarding institutional controls
§ 19-10-107 Records regarding institutional controls
§ 19-10-108 Appeals of institutional control decisions

Terms Used In Utah Code > Title 19 > Chapter 10 - Environmental Institutional Control Act

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • 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
  • board of directors: means the body authorized to manage the affairs of a domestic or foreign nonprofit corporation. See Utah Code 16-6a-102
  • Bylaws: includes :
    (i) amended bylaws; and
    (ii) restated bylaws. See Utah Code 16-6a-102
  • Class: means a group of memberships that has the same right with respect to voting, dissolution, redemption, transfer, or other characteristics. 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.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Deliver: includes delivery by mail or another means of transmission authorized by Section 16-6a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-6a-102
  • Director: means a member of the board of directors. See Utah Code 16-6a-102
  • Division: means the Division of Corporations and Commercial Code. See Utah Code 16-6a-102
  • Executive director: means the executive director of the state Department of Environment Quality or the executive director's designated representative. See Utah Code 19-10-102
  • 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.
  • institutional control: means , with respect to real property, any deed restriction, restrictive covenant, easement, reservation, environmental notice, engineering control, or other restriction or obligation that is designed to protect human health or the environment and:
    (a) is established in connection with a cleanup or risk assessment that is reviewed, overseen, conducted, or administered by the department; and
    (b) 
    (i) limits the use of the real property, groundwater, or surface water;
    (ii) limits activities that may be performed on or at the property; or
    (iii) requires maintenance of any engineering or other control. See Utah Code 19-10-102
  • 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.
  • Land: includes :Utah Code 68-3-12.5
  • Member: includes :
    (i) "voting member"; and
    (ii) a shareholder in a water company. See Utah Code 16-6a-102
  • Notice: means the same as that term is defined in Section 16-6a-103. See Utah Code 16-6a-102
  • 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.
  • 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
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Quorum: The number of legislators that must be present to do business.
  • real property: includes :Utah Code 68-3-12.5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. 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
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Vote: includes authorization by:
    (a) written ballot; and
    (b) written consent. See Utah Code 16-6a-102
  • Voting group: means all the members of one or more classes of members or directors that, under this chapter, the articles of incorporation, or the bylaws, are entitled to vote and be counted together collectively on a matter. See Utah Code 16-6a-102
  • voting member: includes a "shareholder" if the nonprofit corporation has shareholders. See Utah Code 16-6a-102
  • Writing: includes :Utah Code 68-3-12.5