Terms Used In Utah Code > Title 19 > Chapter 8 - Voluntary Cleanup Program

• Account: means the Environmental Voluntary Cleanup restricted account created under Section 19-8-103. See Utah Code 19-8-102
• 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 16-6a-102 Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session. Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5 Agreement: means a voluntary cleanup agreement under this chapter. See Utah Code 19-8-102 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. Applicant: means the person: (a)  who submits an application to participate in a voluntary cleanup agreement under this chapter; or (b)  who enters into a voluntary cleanup agreement made under this chapter with the executive director. See Utah Code 19-8-102 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 Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court. Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings. 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 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Completion: means , regarding property covered by an agreement: (a)  no further response actions are necessary; or (b)  the applicant is satisfactorily maintaining the engineering controls, remediation systems, postclosure care, and institutional controls to the extent required pursuant to the voluntary cleanup agreement. See Utah Code 19-8-102 Contaminant: means : (a)  hazardous materials as defined in Section 19-6-302; (b)  hazardous substance as defined in Section 19-6-302; (c)  hazardous waste as defined in Section 19-6-102; (d)  hazardous waste constituent listed in 40 C. See Utah Code 19-8-102 Corporate records: means the records described in Section 16-6a-1601. 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. 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 16-6a-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 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Distribution: means the payment of a dividend or any part of the income or profit of a nonprofit corporation to the nonprofit corporation's: (i)  members; (ii)  directors; or (iii)  officers. See Utah Code 16-6a-102 Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs. 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 Environmental assessment: means the assessment described in Section 19-8-107. See Utah Code 19-8-102 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 Utah Department of Environmental Quality or the executive director's representative. See Utah Code 19-8-102 Fiduciary: A trustee, executor, or administrator. Fraud: Intentional deception resulting in injury to another. 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. Land: includes :Utah Code 68-3-12.5 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. 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 Mutual benefit corporation: means a nonprofit corporation: (a)  that issues shares of stock to its members evidencing a right to receive distribution of water or otherwise representing property rights; or (b)  all of whose assets are contributed or acquired by or for the members of the nonprofit corporation or their predecessors in interest to serve the mutual purposes of the members. 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 Oversight: Committee review of the activities of a Federal agency or program. 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 Plaintiff: The person who files the complaint in a civil lawsuit. 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 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 Program: means the Voluntary Environmental Cleanup Program created under this chapter. See Utah Code 19-8-102 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. 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 Record date: means the date established under 6, or 7, on which a nonprofit corporation determines the identity of the nonprofit corporation's members. See Utah Code 16-6a-102 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Response action: means the cleanup or removal of a contaminant from the environment. See Utah Code 19-8-102 Secretary: means the corporate officer to whom the bylaws or the board of directors delegates responsibility under Subsection 16-6a-818(3) for: (a)  the preparation and maintenance of: (i)  minutes of the meetings of: (A)  the board of directors; or (B)  the members; and (ii)  the other records and information required to be kept by the nonprofit corporation pursuant to Section 16-6a-1601; and (b)  authenticating records of the nonprofit corporation. See Utah Code 16-6a-102 Share: means a unit of interest in a nonprofit corporation. See Utah Code 16-6a-102 Shareholder: means a person in whose name a share is registered in the records of a nonprofit corporation. See Utah Code 16-6a-102 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 Trustee: A person or institution holding and administering property in trust. 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 Water company: means : (a)  the same as that term is defined in Subsection 16-4-102(5); or (b)  a mutual benefit corporation, when the stock in the mutual benefit corporation represents a right to receive a distribution of water for beneficial use. See Utah Code 16-6a-102 Writing: includes :Utah Code 68-3-12.5