Terms Used In Utah Code > Title 19 > Chapter 5
- Address: includes :
(i) a post office box number; (ii) a rural free delivery route number; and (iii) a street name and number. See Utah Code 16-10a-102
- Agriculture water: means :
(a) water used by a farmer, rancher, or feed lot for the production of food, fiber, or fuel; (b) return flows from irrigated agriculture; and (c) agricultural storm water runoff. See Utah Code 16-10a-403
- 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.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- 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.
- Articles of incorporation: include :
(a) amended and restated articles of incorporation; (b) articles of merger; and (c) a document of a similar import to those described in Subsections (4)(a) and (b). See Utah Code 16-10a-102
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Authorized shares: means the shares of all classes a domestic or foreign corporation is authorized to issue. See Utah Code 16-10a-102
- Board: means the Water Quality Board created in Section 19-1-106. See Utah Code 16-10a-403
- Bylaws: includes amended bylaws and restated bylaws. See Utah Code 16-10a-102
- Circumstantial evidence: All evidence except eyewitness testimony.
- Commission: means the Conservation Commission, created in Section 4-18-104. See Utah Code 16-10a-403
- 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.
- Contaminant: means any physical, chemical, biological, or radiological substance or matter in water. See Utah Code 16-10a-403
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Corporate name: means :
(a) the name of a domestic corporation or a domestic nonprofit corporation as stated in its articles of incorporation; or (b) the name of a foreign corporation or a foreign nonprofit corporation as stated in its articles of incorporation or document of similar import. See Utah Code 16-10a-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.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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 16-10a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-10a-102
- Department: means the Department of Environmental Quality. See Utah Code 19-1-103
- Dependent: A person dependent for support upon another.
- Director: means the director of the Division of Water Quality or, for purposes of groundwater quality at a facility licensed by and under the jurisdiction of the Division of Waste Management and Radiation Control, the director of the Division of Waste Management and Radiation Control. See Utah Code 16-10a-403
- Discharge: means the addition of any pollutant to any waters of the state. See Utah Code 16-10a-403
- Discharge permit: means a permit issued to a person who:
(a) discharges or whose activities would probably result in a discharge of pollutants into the waters of the state; or (b) generates or manages sewage sludge. See Utah Code 16-10a-403
- Disposal system: means a system for disposing of wastes and includes sewerage systems and treatment works. See Utah Code 16-10a-403
- Distribution: means the following by a corporation to or for the benefit of its shareholders in respect of any of the corporation's shares:
(i) a direct or indirect transfer of money or other property, other than a corporation's own shares; or (ii) incurrence of indebtedness by the corporation. See Utah Code 16-10a-102
- Division: means the Division of Water Quality, created in Subsection 19-1-105(1)(e). See Utah Code 16-10a-403
- Division: means the Division of Corporations and Commercial Code. See Utah Code 16-10a-102
- Effluent limitations: means any restrictions, requirements, or prohibitions, including schedules of compliance established under this chapter, which apply to discharges. See Utah Code 16-10a-403
- Employee: includes an officer but not a director, unless the director accepts a duty that makes that director also an employee. See Utah Code 16-10a-102
- 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.
- Executive director: means the executive director of the department appointed pursuant to Section 19-1-104. See Utah Code 19-1-103
- Felony: A crime carrying a penalty of more than a year in prison.
- Fiduciary: A trustee, executor, or administrator.
- Foreign corporation: means a corporation for profit incorporated under a law other than the law of this state. See Utah Code 16-10a-102
- Germane: On the subject of the pending bill or other business; a strict standard of relevance.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
- 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 48-2e-1156
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Local health department: means a local health department as defined in Title 26A, Chapter 1, Part 1, Local Health Department Act. See Utah Code 19-1-103
- Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
- Month: means a calendar month, unless otherwise expressed. See Utah Code 48-2e-1156
- Notice: is a s provided in Section 16-10a-103. See Utah Code 16-10a-102
- 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 :Utah Code 48-2e-1156
- pollutant: means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water. See Utah Code 16-10a-403
- Pollution: means any man-made or man-induced alteration of the chemical, physical, biological, or radiological integrity of any waters of the state, unless the alteration is necessary for the public health and safety. See Utah Code 16-10a-403
- Principal office: means the office, in or out of this state, designated by a domestic or foreign corporation as its principal office in the most recent document on file with the division providing the information, including:
(a) an annual report; (b) an application for a certificate of authority; or (c) a notice of change of principal office. See Utah Code 16-10a-102
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Proceeding: includes :
(a) a civil suit; (b) arbitration or mediation; and (c) a criminal, administrative, or investigatory action. See Utah Code 16-10a-102
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 48-2e-1156
- Property: includes both real and personal property. See Utah Code 48-2e-1156
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Publicly owned treatment works: means any facility for the treatment of pollutants owned by the state, its political subdivisions, or other public entity. See Utah Code 16-10a-403
- 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 corporation, means the writing or other document is actually received by:
(a) the corporation at its: (i) registered office in this state; or (ii) principal office; (b) the secretary of the corporation, wherever the secretary is found; or (c) 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 16-10a-102
- Record date: means the date established under Part 6, Shares and Distributions, or Part 7, Shareholders, on which a corporation determines the identity of its shareholders. See Utah Code 16-10a-102
- Secretary: means the corporate officer to whom the bylaws or the board of directors delegates responsibility under Subsection 16-10a-830(3) for:
(a) the preparation and maintenance of: (i) minutes of the meetings of the board of directors and of the shareholders; and (ii) the other records and information required to be kept by the corporation by Section 16-10a-830; and (b) authenticating records of the corporation. See Utah Code 16-10a-102
- 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.
- Sewage sludge: means any solid, semisolid, or liquid residue removed during the treatment of municipal wastewater or domestic sewage. See Utah Code 16-10a-403
- Sewerage system: means pipelines or conduits, pumping stations, and all other constructions, devices, appurtenances, and facilities used for collecting or conducting wastes to a point of ultimate disposal. See Utah Code 16-10a-403
- Share: means the unit into which the proprietary interests in a corporation are divided. See Utah Code 16-10a-102
- Shareholder: means :
(i) the person in whose name a share is registered in the records of a corporation; or (ii) the beneficial owner of a share to the extent recognized pursuant to Section 16-10a-723. See Utah Code 16-10a-102
- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 48-2e-1156
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 48-2e-1156
- Statute: A law passed by a legislature.
- Subscriber: means a person who subscribes for shares in a corporation, whether before or after incorporation. See Utah Code 16-10a-102
- Total maximum daily load: means a calculation of the maximum amount of a pollutant that a body of water can receive and still meet water quality standards. See Utah Code 16-10a-403
- Treatment works: means any plant, disposal field, lagoon, dam, pumping station, incinerator, or other works used for the purpose of treating, stabilizing, or holding wastes. See Utah Code 16-10a-403
- Underground injection: means the subsurface emplacement of fluids by well injection. See Utah Code 16-10a-403
- Underground wastewater disposal system: means a system for disposing of domestic wastewater discharges as defined by the board and the executive director. See Utah Code 16-10a-403
- United States: includes each state, district, and territory of the United States of America. See Utah Code 48-2e-1156
- Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 48-2e-1156
- Voting group: means all shares of one or more classes or series that under the articles of incorporation or this chapter are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. See Utah Code 16-10a-102
- Writing: includes :Utah Code 48-2e-1156
- Agriculture water: means :