Terms Used In Utah Code > Title 19 > Chapter 12 - Pollution Control Act

• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Air pollution: means the same as that term is defined in Section 19-2-102. See Utah Code 19-12-102
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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 Certified dealer: means : (a)  a primary reporting dealer recognized by the Federal Reserve Bank of New York who is certified by the director as having met the applicable criteria of council rule; or (b)  a broker dealer who: (i)  has and maintains an office and a resident registered principal in the state; (ii)  meets the capital requirements established by council rules; (iii)  meets the requirements for good standing established by council rule; and (iv)  is certified by the director as meeting quality criteria established by council rule. See Utah Code 51-7-3 Certified investment adviser: means a federal covered adviser, as defined in Section 61-1-13, or an investment adviser, as defined in Section 61-1-13, who is certified by the director as having met the applicable criteria of council rule. See Utah Code 51-7-3 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Commissioner: means the commissioner of financial institutions. See Utah Code 51-7-3 Contract: A legal written agreement that becomes binding when signed. 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. Council: means the State Money Management Council created by Section 51-7-16. See Utah Code 51-7-3 Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. 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 Director: means : (a)  for purposes of an application or certification under this chapter related to air pollution, the director of the Division of Air Quality; or (b)  for purposes of an application or certification under this chapter related to water pollution, the director of the Division of Water Quality. See Utah Code 19-12-102 Director: means the director of the Utah State Division of Securities of the Department of Commerce. See Utah Code 51-7-3 Division: means the Division of Corporations and Commercial Code. See Utah Code 16-6a-102 Endowment funds: means gifts, devises, or bequests of property of any kind donated to a higher education institution from any source. See Utah Code 51-7-3 Escrow: Money given to a third party to be held for payment until certain conditions are met. 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. Fraud: Intentional deception resulting in injury to another. Freestanding pollution control property: means tangible personal property located in the state, regardless of whether a purchaser purchases the tangible personal property voluntarily or to comply with a requirement of a governmental entity, if: (i)  the primary purpose of the tangible personal property is the prevention, control, or reduction of air or water pollution by: (A)  the disposal or elimination of, or redesign to eliminate, waste, and the use of treatment works for industrial waste; or (B)  the disposal, elimination, or reduction of, or redesign to eliminate or reduce, air pollutants, air pollution, or air contamination sources, and the use of one or more air cleaning devices; and (ii)  the tangible personal property is not used at, in the construction of, or incorporated into a pollution control facility. See Utah Code 19-12-102 Governmental Accounting Standards Board: means the Governmental Accounting Standards Board that is responsible for accounting standards used by public entities. See Utah Code 51-7-3 Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC Hard put: means an unconditional sell-back provision or a redemption provision applicable at issue to a note or bond, allowing holders to sell their holdings back to the issuer or to an equal or higher-rated third party provider at specific intervals and specific prices determined at the time of issuance. See Utah Code 51-7-3 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 Investment agreement: includes any agreement to supply investments on one or more future dates. See Utah Code 51-7-3 Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor. 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. 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 Local government: means a county, municipality, school district, special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, special service district under Title 17D, Chapter 1, Special Service District Act, or any other political subdivision of the state. See Utah Code 51-7-3 Market value: means market value as defined in the Master Repurchase Agreement. See Utah Code 51-7-3 Maximum amount: means , with respect to qualified depositories, the total amount of: (a)  deposits in excess of the federal deposit insurance limit; and (b)  nonqualifying repurchase agreements. See Utah Code 51-7-3 Money market mutual fund: means an open-end managed investment fund: (a)  that complies with the diversification, quality, and maturity requirements of Rule 2a-7 or any successor rule of the Securities and Exchange Commission applicable to money market mutual funds; and (b)  that assesses no sales load on the purchase of shares and no contingent deferred sales charge or other similar charges, however designated. See Utah Code 51-7-3 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. 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. Permanent funds: means funds whose principal may not be expended, the earnings from which are to be used for purposes designated by law. See Utah Code 51-7-3 Permitted depository: means any out-of-state financial institution that meets quality criteria established by rule of the council. See Utah Code 51-7-3 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. Pollution control facility: includes : (i)  an addition to real property described in Subsection (6)(a); (ii)  the reconstruction of real property described in Subsection (6)(a); or (iii)  an improvement to real property described in Subsection (6)(a). See Utah Code 19-12-102 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 Property: includes both real and personal property. See Utah Code 68-3-12.5 Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator. Public funds: means money, funds, and accounts, regardless of the source from which the money, funds, and accounts are derived, that are owned, held, or administered by the state or any of its boards, commissions, institutions, departments, divisions, agencies, bureaus, laboratories, or other similar instrumentalities, or any county, city, school district, political subdivision, or other public body. See Utah Code 51-7-3 Public money: means "public funds. See Utah Code 51-7-3 Public treasurer: includes the state treasurer and the official of any state board, commission, institution, department, division, agency, or other similar instrumentality, or of any county, city, school district, charter school, political subdivision, or other public body who has the responsibility for the safekeeping and investment of any public funds. See Utah Code 51-7-3 Qualified depository: means a Utah depository institution or an out-of-state depository institution, as those terms are defined in Section 7-1-103, that is authorized to conduct business in this state under Section 7-1-702 or Title 7, Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies, whose deposits are insured by an agency of the federal government and that has been certified by the commissioner of financial institutions as having met the requirements established under this chapter and the rules of the council to be eligible to receive deposits of public funds. See Utah Code 51-7-3 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. 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 Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Treatment works: means the same as that term is defined in Section 19-5-102. See Utah Code 19-12-102 Trustee: A person or institution holding and administering property in trust. 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 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 Waste: means the same as that term is defined in Section 19-5-102. See Utah Code 19-12-102