§ 7-9-1 Title
§ 7-9-2 Description of credit unions
§ 7-9-3 Definitions
§ 7-9-5 Powers of credit unions
§ 7-9-6 Formation of corporation to conduct credit union — Approval of commissioner
§ 7-9-7 Forms furnished by commissioner
§ 7-9-9 Amendment of articles of incorporation
§ 7-9-10 Filing amendment
§ 7-9-11 Bylaws and amendments to be approved
§ 7-9-12 Contents of bylaws
§ 7-9-13 Fiscal year
§ 7-9-14 Meetings
§ 7-9-15 Appeals from board of directors or committees
§ 7-9-16 Members — Eligibility — Liability — Grounds for closing account — Denial of membership
§ 7-9-17 Membership officer — Appointment — Eligibility — Function — Appeals from
§ 7-9-18 Expulsion of member
§ 7-9-19 Payments to expelled members — Liability of member not relieved by expulsion
§ 7-9-20 Board of directors — Powers and duties — Loan limitations
§ 7-9-21 Executive officers — Election — Power — Terms
§ 7-9-22 Credit committee — Credit manager
§ 7-9-23 Supervisory committee — Duties — Suspension or removal of officer, director, or credit committee member
§ 7-9-24 Compensation of directors, committee members, and president — Expense reimbursement
§ 7-9-25 Shares — Number unlimited — Subscription and payment — Par value — Ownership required for membership — Dormant accounts
§ 7-9-26 Loans to members — Investment officers — Investments
§ 7-9-27 Dividends — Interest refunds
§ 7-9-28 Loan to credit union official
§ 7-9-29 Allowance account for loan losses
§ 7-9-30 Reserve requirements — “Risk assets” defined
§ 7-9-31 Shares held in trust
§ 7-9-32 Joint accounts — Accounts providing for payment to designated person on death of owner or owners
§ 7-9-33 Lien and right of set off of credit union
§ 7-9-34 Tax exemption of credit unions
§ 7-9-36 Dissolution
§ 7-9-37 Transfer of members of dissolved, merged, consolidated, transferred, or acquired credit union
§ 7-9-39 Voluntary merger
§ 7-9-39.5 Supervisory merger
§ 7-9-42 Record requirements
§ 7-9-43 Board of Credit Union Advisors
§ 7-9-44 Corporate central credit union
§ 7-9-45 Insurance of shares and deposits — Security on shares and deposits
§ 7-9-46 Out-of-state credit unions — Authorization to do business in state — Supervision — Examination
§ 7-9-48 Disclosure of share and deposit insurance — Disclosure if secured through securities
§ 7-9-49 Limitation of personal liability of directors and committee members
§ 7-9-50 General limitation on liability
§ 7-9-51 Field of membership
§ 7-9-52 Expansion of a field of membership
§ 7-9-53 Grandfathering
§ 7-9-55 Nonexempt credit unions
§ 7-9-58 Limitations on credit extended by nonexempt credit unions
§ 7-9-59 Credit union service organizations — Limitations on providing services through other entities

Terms Used In Utah Code > Title 7 > Chapter 9 - Utah Credit Union Act

  • abandoned horse: as used in this chapter means any horse, ass, mule or other animal of the genus Equus, unbranded, or, if branded, that has escaped assessment for taxation for the year next preceding the killing of such animal as hereinafter provided for, and running at large upon the open range of this state, and includes a foal running with a dam coming within the above definition. See Utah Code 47-2-1
  • Abatement action: includes control of the source of the contamination. See Utah Code 19-6-302
  • 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
  • Accounts receivable purchase transaction: means a transaction in which a business forwards or otherwise sells to a person all or a portion of the business's accounts, as defined in Section 70A-9a-102, or payment intangibles, as defined in Section 70A-9a-102, at a discount to the accounts' or payment intangibles' expected value. See Utah Code 7-27-101
  • Acknowledgment: means a notarial act in which a notary certifies that a signer, whose identity is personally known to the notary or proven on the basis of satisfactory evidence, has admitted, in the presence of the notary, to voluntarily signing a document for the document's stated purpose. See Utah Code 46-1-2
  • Active project area: means a project area that has not been dissolved in accordance with Section 17C-1-702. See Utah Code 17C-1-102
  • Adequate protests: means written protests timely filed by:
    (a) the owners of private real property that:
    (i) is located within the applicable area;
    (ii) covers at least 25% of the total private land area within the applicable area; and
    (iii) is equal in value to at least 15% of the value of all private real property within the applicable area; or
    (b) registered voters residing within the applicable area equal in number to at least 25% of the number of votes cast in the applicable area for the office of president of the United States at the most recent election prior to the adoption of the resolution or filing of the petition. See Utah Code 17D-1-102
  • Adjudicative proceeding: means :
    (a) a division or board action or proceeding determining the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including actions to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, permit, or license; or
    (b) judicial review of a division or board action or proceeding specified in Subsection (1)(a). See Utah Code 40-8-4
  • Adjudicative proceeding: means :Utah Code 68-3-12.5
  • Adjutant general: means the commanding general of the Utah National Guard as appointed by the governor under Section 39A-1-201. See Utah Code 39A-1-102
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Adult Protective Services: means the same as that term is defined in Section 26B-6-201. See Utah Code 7-26-102
  • 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
  • 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.
  • Advisory council: means an advisory council appointed by the Division of Outdoor Recreation that has within the advisory council's duties advising on policies related to the use of off-highway vehicles. See Utah Code 41-22-2
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • affirmation: means a notarial act in which a notary certifies that a person made a vow or affirmation in the presence of the notary on penalty of perjury. See Utah Code 46-1-2
  • Affordable housing: means housing owned or occupied by a low or moderate income family, as determined by resolution of the agency. See Utah Code 17C-1-102
  • Agency funds: means money that an agency collects or receives for agency operations, implementing a project area plan or an implementation plan as defined in Section 17C-1-1001, or other agency purposes, including:
    (a) project area funds;
    (b) income, proceeds, revenue, or property derived from or held in connection with the agency's undertaking and implementation of project area development or agency-wide project development as defined in Section 17C-1-1001;
    (c) a contribution, loan, grant, or other financial assistance from any public or private source;
    (d) project area incremental revenue as defined in Section 17C-1-1001; or
    (e) property tax revenue as defined in Section 17C-1-1001. See Utah Code 17C-1-102
  • Agency-wide project development: means activity within the agency's boundaries that, as determined by the board, encourages, promotes, or provides development or redevelopment for the purpose of achieving the results described in an implementation plan, including affordable housing. See Utah Code 17C-1-1001
  • Air barrier system: means air barrier material, a system, or an assembly that is specifically and primarily designed to minimize the passage of air through the building thermal envelope and the assemblies when installed in or on a dwelling. See Utah Code 19-1-402
  • Air pollutant: means a substance that qualifies as an air pollutant as defined in 42 U. See Utah Code 19-2-102
  • Air pollutant source: means private and public sources of emissions of air pollutants. See Utah Code 19-2-102
  • Air pollution: means the presence of an air pollutant in the ambient air in the quantities, for a duration, and under the conditions and circumstances that are injurious to human health or welfare, animal or plant life, or property, or would unreasonably interfere with the enjoyment of life or use of property, as determined by the rules adopted by the board. See Utah Code 19-2-102
  • Alternative fuel: means :
    (a) propane, natural gas, or electricity; or
    (b) other fuel that the board determines, by rule, to be:
    (i) at least as effective in reducing air pollution as the fuels listed in Subsection (2)(a); or
    (ii) substantially more effective in reducing air pollution as the fuel for which the engine was originally designed. See Utah Code 19-2-302
  • Ambient air: means that portion of the atmosphere, external to buildings, to which the general public has access. See Utah Code 19-2-102
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicable area: means :
    (a) for a proposal to create a special service district, the area included within the proposed special service district;
    (b) for a proposal to annex an area to an existing special service district, the area proposed to be annexed;
    (c) for a proposal to add a service to the service or services provided by a special service district, the area included within the special service district; and
    (d) for a proposal to consolidate special service districts, the area included within each special service district proposed to be consolidated. See Utah Code 17D-1-102
  • Applicant: means a person who has filed a notice of intent to commence mining operations, or who has applied to the board for a review of a notice or order. See Utah Code 40-8-4
  • Applicant: means a person filing an application for a license under this chapter. See Utah Code 7-25-102
  • Appraisal: A determination of property value.
  • 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
  • Approved notice of intention: means a formally filed notice of intention to commence mining operations, including revisions to the notice of intention that is approved under Section 40-8-13. See Utah Code 40-8-4
  • Arrest: Taking physical custody of a person by lawful authority.
  • Arts: means the various branches of creative human activity, including visual arts, film, performing arts, sculpture, literature, music, theater, dance, digital arts, video-game arts, and cultural vitality. See Utah Code 9-6-102
  • Arts board: means the Utah Arts Advisory Board created in Section 9-6-301. See Utah Code 9-6-102
  • Asbestos: means the asbestiform varieties of serpentine (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite, anthophyllite, actinolite-tremolite, and libby amphibole. See Utah Code 19-2-102
  • Asbestos-containing material: means a material containing more than 1% asbestos, as determined using the method adopted in 40 C. See Utah Code 19-2-102
  • Assessment roll: means the same as that term is defined in Section 59-2-102. See Utah Code 17C-1-102
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Association: means a group of persons that:
    (i) constitute the members of a formal association organized for:
    (A) an identifiable interest;
    (B) an identifiable purpose;
    (C) a specific profession; or
    (D) a specific occupation; or
    (ii) are employed by a common employer. See Utah Code 7-9-3
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Authority board: means the board of directors of a local building authority, as described in Section 17D-2-203. See Utah Code 17D-2-102
  • Authorized agent: means a person designated by the licensee under this chapter to sell or issue payment instruments or engage in the business of transmitting money on behalf of a licensee. See Utah Code 7-25-102
  • Bank: means a person authorized under the laws of this state, another state, or the United States to accept deposits from the public. See Utah Code 7-1-103
  • 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.
  • Basalt: means fine-grained mafic igneous rock formed in the tertiary or quaternary periods. See Utah Code 40-8-4
  • Base taxable value: means , unless otherwise adjusted in accordance with provisions of this title, a property's taxable value as shown upon the assessment roll last equalized during the base year. See Utah Code 17C-1-102
  • Base year: means , except as provided in Subsection 17C-1-402(4)(c), the year during which the assessment roll is last equalized:
    (a) for a pre-July 1, 1993, urban renewal or economic development project area plan, before the project area plan's effective date;
    (b) for a post-June 30, 1993, urban renewal or economic development project area plan, or a community reinvestment project area plan that is subject to a taxing entity committee:
    (i) before the date on which the taxing entity committee approves the project area budget; or
    (ii) if taxing entity committee approval is not required for the project area budget, before the date on which the community legislative body adopts the project area plan;
    (c) for a project on an inactive airport site, after the later of:
    (i) the date on which the inactive airport site is sold for remediation and development; or
    (ii) the date on which the airport that operated on the inactive airport site ceased operations; or
    (d) for a community development project area plan or a community reinvestment project area plan that is subject to an interlocal agreement, as described in the interlocal agreement. See Utah Code 17C-1-102
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Basic levy: means the portion of a school district's tax levy constituting the minimum basic levy under Section 59-2-902. See Utah Code 17C-1-102
  • Before me: means that an individual appears in the presence of the notary. See Utah Code 46-1-2
  • Beneficial use: includes the use of chipped tires:
    (i) as daily landfill cover;
    (ii) for civil engineering purposes;
    (iii) as low-density, light-weight aggregate fill; or
    (iv) for septic or drain field construction. See Utah Code 19-6-803
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Board: means the Water Quality Board created in Section 19-1-106. See Utah Code 19-5-102
  • 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 under Section 19-1-106. See Utah Code 19-6-803
  • Board: means the Board of Oil, Gas, and Mining. See Utah Code 40-6-2
  • Board: means the Board of Oil, Gas, and Mining. See Utah Code 40-8-4
  • Board: means the Board of Oil, Gas, and Mining. See Utah Code 40-11-1
  • Board: means the Air Quality Board. See Utah Code 19-2-202
  • Board: means the Air Quality Board. See Utah Code 19-2-302
  • Board: means the board of trustees of a public infrastructure district. See Utah Code 17D-4-102
  • Board: means the Air Quality Board. See Utah Code 19-2-102
  • Board: means the Waste Management and Radiation Control Board created under Section 19-1-106. See Utah Code 19-3-102
  • Board: means the Waste Management and Radiation Control Board created in Section 19-1-106. See Utah Code 19-6-102
  • Board: means the Waste Management and Radiation Control Board created in Section 19-1-106. See Utah Code 19-6-202
  • Board: means the Waste Management and Radiation Control Board created in Section 19-1-106. See Utah Code 19-6-402
  • Board: means the governing body of an agency, as described in Section 17C-1-203. See Utah Code 17C-1-102
  • Bodily injury: means bodily harm, sickness, disease, or death sustained by a person. See Utah Code 19-6-402
  • Bona fide prospective purchaser: has the meaning given in 42 U. See Utah Code 19-6-302
  • Bond: includes a bond, note, or other instrument issued under this chapter evidencing an indebtedness of a local building authority. See Utah Code 17D-2-102
  • Branch: means a place of business of a financial institution, other than its main office, at which deposits are received and paid. See Utah Code 7-1-103
  • Broker: means a person who, for compensation or the expectation of compensation, arranges a commercial financing transaction between a third party and a business in the state. See Utah Code 7-27-101
  • Broker: means a person who performs one or more of the following functions for a generator:
    (i) arranges for transportation of the radioactive waste;
    (ii) collects or consolidates shipments of radioactive waste; or
    (iii) processes radioactive waste in some manner. See Utah Code 19-3-102
  • Budget hearing: means the public hearing on a proposed project area budget required under Subsection 17C-2-201(2)(d) for an urban renewal project area budget, Subsection 17C-3-201(2)(d) for an economic development project area budget, or Subsection 17C-5-302(2)(e) for a community reinvestment project area budget. See Utah Code 17C-1-102
  • Business: means a private enterprise carried on for the purpose of gain or economic profit. See Utah Code 7-27-101
  • Business purpose transaction: means a transaction from which the resulting proceeds that a business receives are:
    (i) provided to the business; or
    (ii) intended to be used to carry on the business. See Utah Code 7-27-101
  • Byproduct material: means the same as that term is defined in 42 U. See Utah Code 19-3-102
  • Capital and surplus: means :
    (a) shares;
    (b) deposits;
    (c) reserves; and
    (d) undivided earnings. See Utah Code 7-9-3
  • Capital asset: means an asset that:
    (a) is a significant investment or an essential component necessary to provide a wastewater service, including:
    (i) a facility;
    (ii) infrastructure, whether above or below ground level;
    (iii) equipment; or
    (iv) a communications network; and
    (b) is owned by a wastewater service provider. See Utah Code 19-5-201
  • Carbon dioxide: means carbon dioxide (CO2) that has been captured from an emission source or direct air capture, plus incidental associated substances derived from the source materials and the capture process, and any substances added to the carbon dioxide to enable or improve the injection process. See Utah Code 40-11-1
  • CERCLA: means 42 U. See Utah Code 19-6-302
  • 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: means certified by the United States Environmental Protection Agency or the California Air Resources Board to meet appropriate emission standards. See Utah Code 19-2-202
  • 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
  • Certified tax rate: means the same as that term is defined in Section 59-2-924. See Utah Code 17C-1-1001
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Clean fuel: means :
    (a) propane, natural gas, renewable natural gas, hydrogen, or electricity; or
    (b) other fuel that meets the clean fuel vehicle standards in the federal Clean Air Act Amendments of 1990, 42 U. See Utah Code 19-1-402
  • Clean vehicle: means a vehicle that:
    (i) uses a clean fuel;
    (ii) is an electric-hybrid vehicle; or
    (iii) is an electric vehicle. See Utah Code 19-1-402
  • Cleanup action: means action taken according to the procedures established in this part to prevent, eliminate, minimize, mitigate, or clean up the release of a hazardous material from a facility. See Utah Code 19-6-302
  • 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
  • Closure plan: means a plan under Section 19-6-108 to close a facility or site at which the owner or operator has disposed of nonhazardous solid waste or has treated, stored, or disposed of hazardous waste including, if applicable, a plan to provide postclosure care at the facility or site. See Utah Code 19-6-102
  • Combined incremental value: means the combined total of all incremental values from all project areas, except project areas that contain some or all of a military installation or inactive industrial site, within the agency's boundaries under project area plans and project area budgets at the time that a project area budget for a new project area is being considered. See Utah Code 17C-1-102
  • Commercial financing transaction: means a business purpose transaction:
    (a) under which a person extends a business a commercial loan or a commercial open-end credit plan; or
    (b) that is an accounts receivable purchase transaction. See Utah Code 7-27-101
  • Commercial loan: means a loan to a business, regardless of whether the loan is secured. See Utah Code 7-27-101
  • Commercial open-end credit plan: means commercial financing extended to a business on terms under which:
    (a) the creditor reasonably contemplates repeat transactions; and
    (b) subject to any limit set by the creditor, the amount of financing that the creditor may extend to the business during the term of the plan is made available to the extent that any outstanding balance is repaid. See Utah Code 7-27-101
  • Commission: means the Utah State Tax Commission. See Utah Code 19-6-803
  • Commission: means the Outdoor Adventure Commission. See Utah Code 41-22-2
  • Commission: means the Conservation Commission, created in Section 4-18-104. See Utah Code 17D-3-102
  • Commission: means :
    (a) to empower to perform notarial acts; or
    (b) the written document that gives authority to perform notarial acts, including the Certificate of Authority of Notary Public that the lieutenant governor issues to a notary. See Utah Code 46-1-2
  • Commissioner: means the commissioner of the department. See Utah Code 17D-3-102
  • Commissioner: means the Commissioner of Financial Institutions. See Utah Code 7-1-103
  • 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.
  • Community: means a county or municipality. See Utah Code 17C-1-102
  • Community development project area plan: means a project area plan adopted under 1. See Utah Code 17C-1-102
  • Community legislative body: means the legislative body of the community that created the agency. See Utah Code 17C-1-102
  • Community reinvestment project area plan: means a project area plan adopted under 1. See Utah Code 17C-1-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Condensate: means hydrocarbons, regardless of gravity, that:
    (a) occur naturally in the gaseous phase in the reservoir; and
    (b) are separated from the natural gas as liquids through the process of condensation either in the reservoir, in the wellbore, or at the surface in field separators. See Utah Code 40-6-2
  • Conference: means an informal adjudicative proceeding conducted by the division or board. See Utah Code 40-8-4
  • Consenting owner: means an owner who, in the manner and within the time frame established by the board in rule, consents to the drilling and operation of a well and agrees to bear the owner's proportionate share of the costs of the drilling and operation of the well. See Utah Code 40-6-2
  • Conservation district: means a limited purpose local government entity, as described in Section 17D-3-103, that operates under, is subject to, and has the powers set forth in this chapter. See Utah Code 17D-3-102
  • Consumer: includes a person who purchases a new tire for a motor vehicle to be rented or leased. See Utah Code 19-6-803
  • Contest: means to file a written complaint in the district court of the county in which the agency is located. See Utah Code 17C-1-102
  • Contiguous property owner: means a person who qualifies for the exemption from liability in 42 U. See Utah Code 19-6-302
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • control: means the power, directly or indirectly, or through or in concert with one or more persons, to:
    (a) direct or exercise a controlling influence over:
    (i) the management or policies of a financial institution; or
    (ii) the election of a majority of the directors or trustees of an institution; or
    (b) vote 25% or more of any class of voting securities of a financial institution. See Utah Code 7-1-103
  • Conversion equipment: means equipment designed to:
    (a) allow an eligible vehicle to operate on an alternative fuel; and
    (b) reduce an eligible vehicle's emissions of regulated pollutants, as demonstrated by:
    (i) certification of the conversion equipment by the Environmental Protection Agency or by a state or country that has certification standards that are recognized, by rule, by the board;
    (ii) testing the eligible vehicle, before and after the installation of the equipment, in accordance with 40 C. See Utah Code 19-2-302
  • Conviction: A judgement of guilt against a criminal defendant.
  • Cooperative development project: means project area development with impacts that extend beyond an agency's geographic boundaries to the benefit of two or more communities. See Utah Code 17C-1-1001
  • Copy certification: means a notarial act in which a notary certifies that a photocopy is an accurate copy of a document that is neither a public record nor publicly recorded. See Utah Code 46-1-2
  • Corporate credit union: means any credit union organized pursuant to any state or federal act for the purpose of serving other credit unions. See Utah Code 7-9-3
  • 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
  • Correlative rights: means the opportunity of each owner in a pool to produce the owner's just and equitable share of the oil and gas in the pool without waste. See Utah Code 40-6-2
  • Cost: means the total reasonable cost of a project eligible for a grant under the fund, including the cost of labor. See Utah Code 19-2-202
  • Cost: means the total reasonable cost of a conversion kit and the paid labor, if any, required to install it. See Utah Code 19-2-302
  • 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
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • County executive: means :Utah Code 68-3-12.5
  • County legislative body: means :Utah Code 68-3-12.5
  • Covered by the fund: means the requirements of Section 19-6-424 have been met. See Utah Code 19-6-402
  • Covered financial institution: means any of the following that operate in the state:
    (a) a state or federally chartered:
    (i) bank;
    (ii) savings and loan association;
    (iii) savings bank;
    (iv) industrial bank;
    (v) credit union;
    (vi) trust company; or
    (vii) depository institution; or
    (b) a financial institution. See Utah Code 7-26-102
  • Creating entity: means the county, municipality, or development authority that approves the creation of a public infrastructure district. See Utah Code 17D-4-102
  • Creating local entity: means the local entity that creates or created the local building authority. See Utah Code 17D-2-102
  • Credit union: means a cooperative, nonprofit association incorporated under:
    (a) Chapter 9, Utah Credit Union Act; or
    (b) 12 U. See Utah Code 7-1-103
  • Credit union service organization: means an entity:
    (a) that provides any of the services listed in Subsection 7-9-59(2); and
    (b) in which a credit union organized under this chapter holds an ownership interest. See Utah Code 7-9-3
  • Cross-country: means across natural terrain and off an existing highway, road, route, or trail. See Utah Code 41-22-2
  • Crude oil: means hydrocarbons, regardless of gravity, that:
    (a) are produced at the wellhead in liquid form; and
    (b) 
    (i) occur naturally in the liquid phase in the reservoir; or
    (ii) are produced through enhanced recovery operations authorized by the board in accordance with Subsection 40-6-5(3)(c). See Utah Code 40-6-2
  • Crumb rubber: means waste tires that have been ground, shredded, or otherwise reduced in size such that the particles are less than or equal to 3/4 inch in diameter and are 98% wire free by weight. See Utah Code 19-6-803
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dealer: means a person engaged in the business of selling off-highway vehicles at wholesale or retail. See Utah Code 41-22-2
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Agriculture and Food, created in Section 4-2-102. See Utah Code 17D-3-102
  • Department: means the Department of Financial Institutions. See Utah Code 7-1-103
  • Department: means the Department of Cultural and Community Engagement. See Utah Code 9-1-102
  • Dependent: A person dependent for support upon another.
  • Depository institution: means a bank, savings and loan association, savings bank, industrial bank, credit union, or other institution that:
    (a) holds or receives deposits, savings, or share accounts;
    (b) issues certificates of deposit; or
    (c) provides to its customers other depository accounts that are subject to withdrawal by checks, drafts, or other instruments or by electronic means to effect third party payments. See Utah Code 7-1-103
  • Deposits: means that portion of the capital paid into the credit union by members on which a specified rate of interest will be paid. See Utah Code 7-9-3
  • Development: means the work performed in relation to a deposit following the deposit's discovery but before and in contemplation of production mining operations, aimed at preparing the site for mining operations, defining further the ore deposit by drilling or other means, conducting pilot plant operations, constructing roads or ancillary facilities, and other related activities. See Utah Code 40-8-4
  • Development: includes :
    (a) constructing, expanding, or repairing a museum or other facility that houses arts or cultural presentations;
    (b) providing for public information, preservation, and access to museums, the arts, and the cultural heritage of the state; and
    (c) supporting the professional development of artists, cultural administrators, and cultural leaders within the state. See Utah Code 9-6-102
  • Development authority: means :
    (a) the Utah Inland Port Authority created in Section 11-58-201;
    (b) the Point of the Mountain State Land Authority created in Section 11-59-201; or
    (c) the military installation development authority created in Section 63H-1-201. See Utah Code 17D-4-102
  • Development impediment: means a condition of an area that meets the requirements described in Section 17C-2-303 for an urban renewal project area or Section 17C-5-405 for a community reinvestment project area. See Utah Code 17C-1-102
  • Development impediment hearing: means a public hearing regarding whether a development impediment exists within a proposed:
    (a) urban renewal project area under Subsection 17C-2-102(1)(a)(i)(C) and Section 17C-2-302; or
    (b) community reinvestment project area under Section 17C-5-404. See Utah Code 17C-1-102
  • Development impediment study: means a study to determine whether a development impediment exists within a survey area as described in Section 17C-2-301 for an urban renewal project area or Section 17C-5-403 for a community reinvestment project area. See Utah Code 17C-1-102
  • Devise: To gift property by will.
  • Director: means the director of the Division of Waste Management and Radiation Control. See Utah Code 19-6-601
  • Director: means the director of the Division of Waste Management and Radiation Control. See Utah Code 19-6-803
  • Director: means the director of the Division of Air Quality. See Utah Code 19-2-202
  • Director: means the director of the Division of Air Quality. See Utah Code 19-2-302
  • Director: means the director of the Division of Arts and Museums. See Utah Code 9-6-102
  • Director: means the director of the Division of Air Quality. See Utah Code 19-2-102
  • Director: means the director of the Division of Waste Management and Radiation Control. See Utah Code 19-3-102
  • Director: means the director of the Division of Waste Management and Radiation Control. See Utah Code 19-6-102
  • 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.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Disposal: means the deposit, dumping, or permanent placement of waste tire in or on land or in water in the state. See Utah Code 19-6-803
  • Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid or hazardous waste into or on land or water so that the waste or any constituent of the waste may enter the environment, be emitted into the air, or discharged into any waters, including groundwaters. See Utah Code 19-6-102
  • Disposal: means the final disposition of hazardous wastes into or onto the lands, waters, and air of this state. See Utah Code 19-6-202
  • Disposal system: means a system for disposing of wastes and includes sewerage systems and treatment works. See Utah Code 19-5-102
  • Dispose of: means to deposit, dump, or permanently place waste tire in or on land or in water in the state. See Utah Code 19-6-803
  • District applicant: means the person proposing the creation of a public infrastructure district. See Utah Code 17D-4-102
  • Division: means the Division of Waste Management and Radiation Control created in Section 19-1-105. See Utah Code 19-6-803
  • Division: means the Division of Oil, Gas, and Mining. See Utah Code 40-6-2
  • Division: means the Division of Oil, Gas, and Mining. See Utah Code 40-8-4
  • Division: means the Division of Oil, Gas, and Mining. See Utah Code 40-11-1
  • Division: means the Division of Outdoor Recreation. See Utah Code 41-22-2
  • Division: means the Division of Air Quality, created in Subsection 19-1-105(1)(a). See Utah Code 19-2-202
  • Division: means a division of a public infrastructure district:
    (a) that is relatively equal in number of eligible voters or potential eligible voters to all other divisions within the public infrastructure district, taking into account existing or potential developments which, when completed, would increase or decrease the population within the public infrastructure district; and
    (b) which a member of the board represents. See Utah Code 17D-4-102
  • Division: means the Division of Air Quality, created in Subsection 19-1-105(1)(a). See Utah Code 19-2-302
  • Division: means the Division of Arts and Museums. See Utah Code 9-6-102
  • Division: means the Division of Air Quality created in Section 19-1-105. See Utah Code 19-2-102
  • Division: means the Division of Waste Management and Radiation Control, created in Subsection 19-1-105(1)(d). See Utah Code 19-3-102
  • Division: means the Division of Waste Management and Radiation Control, created in Subsection 19-1-105(1)(d). See Utah Code 19-6-102
  • Division: means the Division of Environmental Response and Remediation, created in Subsection 19-1-105(1)(c). See Utah Code 19-6-402
  • Donor: The person who makes a gift.
  • Dwelling: means a house, multi-family dwelling, apartment complex, or other residential type building. See Utah Code 19-1-402
  • Dwelling: means a building that is usually occupied by a person lodging there at night. See Utah Code 19-6-402
  • Economic development project: means project area development for the purpose of:
    (a) creating, developing, attracting, and retaining business;
    (b) creating or preserving jobs;
    (c) stimulating business and economic activity; or
    (d) providing a local incentive as required by the Governor's Office of Economic Opportunity under Title 63N, Economic Opportunity Act. See Utah Code 17C-1-1001
  • Economic development project area plan: means a project area plan adopted under 1. See Utah Code 17C-1-102
  • Electric vehicle: means a vehicle powered by an electric motor that draws current from rechargeable storage batteries, fuel cells, or other sources of electric current and does not need carbon based fuel for operation. See Utah Code 19-1-402
  • Electric-hybrid vehicle: means a vehicle:
    (a) primarily powered by an electric motor that draws current from:
    (i) rechargeable storage batteries;
    (ii) fuel cells; or
    (iii) other sources of electric current; and
    (b) that also operates on or is capable of operating on a nonelectrical source of power. See Utah Code 19-1-402
  • Electronic recording: means the audio and video recording, described in Subsection 46-1-3. See Utah Code 46-1-2
  • Electronic seal: means an electronic version of the seal described in Section 46-1-16, that conforms with rules made under Subsection 46-1-3. See Utah Code 46-1-2
  • Electronic signature: means the same as that term is defined in Section 46-4-102. See Utah Code 46-1-2
  • Eligible taxing entity: means a taxing entity that:
    (a) is a municipality, a county, or a school district; and
    (b) contains an agency partially or completely within the taxing entity's geographic boundaries. See Utah Code 17C-1-1001
  • Eligible vehicle: means a:
    (a) commercial vehicle, as defined in Section 41-1a-102;
    (b) farm tractor, as defined in Section 41-1a-102; or
    (c) motor vehicle, as defined in Section 41-1a-102. See Utah Code 19-2-302
  • Emergency order: means an order issued by the board in accordance with Title 63G, Chapter 4, Administrative Procedures Act. See Utah Code 40-8-4
  • Energy-efficient building envelope improvements: means an insulation and air barrier system that meets the prescriptive criteria for insulation and air barrier systems established by the 2021 International Energy Conservation Code. See Utah Code 19-1-402
  • Enforcement action: means the procedures contained in Section 19-6-306 to enforce orders, rules, and agreements authorized by this part. See Utah Code 19-6-302
  • 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.
  • Environmental mitigation: means an action or activity intended to remedy, reduce, or offset known negative impacts to the environment. See Utah Code 19-1-602
  • Environmental response action: means action taken to prevent, eliminate, minimize, investigate, monitor, clean up, or remove contaminants in the environment. See Utah Code 19-1-602
  • 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
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • 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
  • Executive director: means the executive director of the Department of Cultural and Community Engagement. See Utah Code 9-1-102
  • Executive officer: means the licensee's president, chair of the executive committee, executive vice president, treasurer, chief financial officer, or any other person who performs similar functions. See Utah Code 7-25-102
  • Executor: A male person named in a will to carry out the decedent
  • Executor: includes "administrator" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Exploration: includes :
    (i) sinking shafts;
    (ii) tunneling;
    (iii) drilling holes and digging pits or cuts;
    (iv) building of roads, and other access ways; and
    (v) constructing and operating other facilities related to the activities described in this Subsection (12)(b). See Utah Code 40-8-4
  • facilities: includes any structure, building, system, land, water right, water, or other real or personal property required to provide a service that a special service district is authorized to provide, including any related or appurtenant easement or right-of-way, improvement, utility, landscaping, sidewalk, road, curb, gutter, equipment, or furnishing. See Utah Code 17D-1-102
  • Facility: means :
    (i) any building, structure, installation, equipment, pipe, or pipeline, including any pipe into a sewer or publicly owned treatment works, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft; or
    (ii) any site or area where a hazardous material or substance has been deposited, stored, disposed of, or placed, or otherwise come to be located. See Utah Code 19-6-302
  • 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
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Family: means the same as that term is defined in regulations of the United States Department of Housing and Urban Development, 24 C. See Utah Code 17C-1-102
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • Field of membership: means persons designated as eligible for credit union membership in accordance with:
    (a) Section 7-9-51 or 7-9-53; and
    (b) the bylaws of the credit union. See Utah Code 7-9-3
  • Final judgment: means a final ruling or judgment, including any supporting opinion, that determines the rights of the parties and concerning which all appellate remedies have been exhausted or the time for appeal has expired. See Utah Code 19-3-303
  • Financial assurance: means a mechanism or instrument intended to provide funds if necessary to the department to conduct closure, monitoring, or cleanup of a specific facility or site in accordance with the applicable environmental requirements provided in this title. See Utah Code 19-1-602
  • Financial exploitation: means :
    (a) the wrongful or unauthorized taking, withholding, appropriation, or use of money, assets, or other property of an individual; or
    (b) an act or omission, including through a power of attorney, guardianship, or conservatorship of an individual, to:
    (i) obtain control, through deception, intimidation, or undue influence, over the individual's money, assets, or other property to deprive the individual of the ownership, use, benefit, or possession of the individual's money, assets, or other property; or
    (ii) convert the individual's money, assets, or other property to deprive the individual of the ownership, use, benefit, or possession of the individual's money, assets, or other property. See Utah Code 7-26-102
  • Financial institution: means an institution subject to the jurisdiction of the department because of this title. See Utah Code 7-1-103
  • 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.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Fund: means the Waste Tire Recycling Fund created in Section 19-6-807. See Utah Code 19-6-803
  • Fund: means the Clean Fuels and Emission Reduction Technology Fund created in Section 19-1-403. See Utah Code 19-1-402
  • Fund: means the Hazardous Substances Mitigation Fund created by Section 19-6-307. See Utah Code 19-6-302
  • Fund: means the Petroleum Storage Tank Fund created in Section 19-6-409. See Utah Code 19-6-402
  • Funding source: means an individual or entity that provides a monetary contribution to the Environmental Mitigation and Response Fund. See Utah Code 19-1-602
  • Gas: means natural gas, as defined in Subsection (10), natural gas liquids, as defined in Subsection (11), other gas, as defined in Subsection (17), or any mixture of them. See Utah Code 40-6-2
  • generated: means the act or process of producing nonhazardous solid or hazardous waste. See Utah Code 19-6-102
  • Generator: means a person who:
    (a) possesses any material or component:
    (i) that contains radioactivity or is radioactively contaminated; and
    (ii) for which the person foresees no further use; and
    (b) transfers the material or component to:
    (i) a commercial radioactive waste treatment or disposal facility; or
    (ii) a broker. See Utah Code 19-3-102
  • Geologic carbon storage: means the permanent or short-term underground storage of carbon dioxide in a storage reservoir. See Utah Code 40-11-1
  • Geologic carbon storage activity: means activity associated with the development, production, processing, and storage of carbon dioxide as set forth in Title 40, Chapter 11, Geologic Carbon Storage, and includes:
    (a) drilling;
    (b) development of storage facilities;
    (c) completion, maintenance, reworking, recompletion, disposal, plugging, and abandonment of storage facilities;
    (d) construction activities;
    (e) recovery techniques;
    (f) remediation activities; and
    (g) any other activity related to geologic carbon storage that the board identifies. See Utah Code 40-11-1
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Goods: means any materials or supplies, whether raw, processed, or manufactured. See Utah Code 19-3-303
  • Governing body: means :
    (a) the legislative body of the county or municipality that creates the special service district, to the extent that the county or municipal legislative body has not delegated authority to an administrative control board created under Section 17D-1-301; or
    (b) the administrative control board of the special service district, to the extent that the county or municipal legislative body has delegated authority to an administrative control board created under Section 17D-1-301. See Utah Code 17D-1-102
  • Governing body: means :
    (a) for a county, city, or town, the legislative body of the county, city, or town;
    (b) for a school district, the local school board for the school district;
    (c) for a special district, the special district's board of trustees; and
    (d) for a special service district, the special service district's governing body, as defined in Section 17D-1-102. See Utah Code 17D-2-102
  • Governing body: means a political subdivision governing body defined in Section 63A-15-102. See Utah Code 19-5-201
  • Governing body: means the governing board, commission, or council of a public entity. See Utah Code 19-6-502
  • Governing document: means the document governing a public infrastructure district to which the creating entity agrees before the creation of the public infrastructure district, as amended from time to time, and subject to the limitations of Title 17B, Chapter 1, Provisions Applicable to All Special Districts, and this chapter. See Utah Code 17D-4-102
  • Government vehicle: includes a metropolitan rapid transit motor vehicle, bus, truck, law enforcement vehicle, or emergency vehicle. See Utah Code 19-1-402
  • Grantor: The person who establishes a trust and places property into it.
  • Gravel: means a naturally occurring unconsolidated to moderately consolidated accumulation of rock and mineral particles, the dominant size range being between 4 millimeters and 75 millimeters, that has been deposited by sedimentary processes. See Utah Code 40-8-4
  • Gross value of the contract: means the totality of the consideration received for any goods, services, or municipal-type services delivered or rendered in the state without any deduction for expense paid or accrued with respect to it. See Utah Code 19-3-303
  • Guaranteed bonds: means bonds:
    (a) issued by a special service district; and
    (b) the debt service of which is guaranteed by one or more taxpayers owning property within the special service district. See Utah Code 17D-1-102
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • Hazardous materials: means hazardous waste as defined in the Utah Hazardous Waste Management Regulations, PCBs, dioxin, asbestos, or a substance regulated under 42 U. See Utah Code 19-6-302
  • Hazardous substances: means the definition of hazardous substances contained in CERCLA. See Utah Code 19-6-302
  • Hazardous substances priority list: means a list of facilities meeting the criteria established by Section 19-6-311 that may be addressed under the authority of this part. See Utah Code 19-6-302
  • Hazardous waste: means a solid waste or combination of solid wastes other than household waste that, because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. See Utah Code 19-6-102
  • Hazardous waste: means any substance defined, regulated, or listed as a hazardous substance, hazardous material, hazardous waste, toxic waste, pollutant, contaminant, or toxic substance, or identified as hazardous to human health or the environment, under state or federal law or regulation. See Utah Code 17C-1-102
  • Hazardous wastes: means hazardous waste as defined in Section 19-6-102. See Utah Code 19-6-202
  • Hearing: means a formal adjudicative proceeding conducted by the board under the board's procedural rules. See Utah Code 40-8-4
  • High-level nuclear waste: means spent reactor fuel assemblies, dismantled nuclear reactor components, and solid and liquid wastes from fuel reprocessing and defense-related wastes. See Utah Code 19-3-102
  • Highway: includes :Utah Code 68-3-12.5
  • Home state: means :
    (a) for a state chartered depository institution, the state that charters the institution;
    (b) for a federally chartered depository institution, the state where the institution's main office is located; and
    (c) for a depository institution holding company, the state in which the total deposits of all depository institution subsidiaries are the largest. See Utah Code 7-1-103
  • Household waste: means any waste material, including garbage, trash, and sanitary wastes in septic tanks, derived from households, including single-family and multiple-family residences, hotels and motels, bunk houses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas. See Utah Code 19-6-102
  • Housing allocation: means project area funds allocated for housing under Section 17C-2-203, 17C-3-202, or 17C-5-307 for the purposes described in Section 17C-1-412. See Utah Code 17C-1-102
  • illegal gas: means oil or gas that has been produced from any well within the state in violation of this chapter or any rule or order of the board. See Utah Code 40-6-2
  • Immediate family: means parents, spouse, surviving spouse, children, and siblings of the member. See Utah Code 7-9-3
  • Implementation plan: means a plan adopted in accordance with Section 17C-1-1004 that:
    (a) describes how the agency uses property tax revenue; and
    (b) guides and controls agency-wide project development. See Utah Code 17C-1-1001
  • In the presence of the notary: means that an individual:
    (a) is physically present with the notary in close enough proximity to see and hear the notary; or
    (b) communicates with a remote notary by means of an electronic device or process that:
    (i) allows the individual and remote notary to communicate with one another simultaneously by sight and sound; and
    (ii) complies with rules made under Section 46-1-3. See Utah Code 46-1-2
  • Inactive airport site: includes a perimeter of up to 2,500 feet around the land described in Subsection (30)(a). See Utah Code 17C-1-102
  • Inactive industrial site: includes a perimeter of up to 1,500 feet around the land described in Subsection (31)(a). See Utah Code 17C-1-102
  • Income targeted housing: means housing that is owned or occupied by a family whose annual income is at or below 80% of the median annual income for a family within the county in which the housing is located. See Utah Code 17C-1-102
  • Incremental cost: means the difference between the cost of an OEM vehicle and the same vehicle model manufactured without the clean fuel fueling system. See Utah Code 19-1-402
  • Incremental value: means a figure derived by multiplying the marginal value of the property located within a project area on which tax increment is collected by a number that represents the adjusted tax increment from that project area that is paid to the agency. See Utah Code 17C-1-102
  • 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
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Indirect source: means a facility, building, structure, or installation which attracts or may attract mobile source activity that results in emissions of a pollutant for which there is a national standard. See Utah Code 19-2-102
  • Infectious waste: means a solid waste that contains or may reasonably be expected to contain pathogens of sufficient virulence and quantity that exposure to the waste by a susceptible host could result in an infectious disease. See Utah Code 19-6-102
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Innocent landowner: means a person who qualifies for the exemption from liability in 42 U. See Utah Code 19-6-302
  • Institution: means :
    (a) a corporation;
    (b) a limited liability company;
    (c) a partnership;
    (d) a trust;
    (e) an association;
    (f) a joint venture;
    (g) a pool;
    (h) a syndicate;
    (i) an unincorporated organization; or
    (j) any form of business entity. See Utah Code 7-1-103
  • Insulation: means a material or system that is specifically and primarily designed to reduce the heat loss or gain of a dwelling unit when installed in or on the dwelling unit. See Utah Code 19-1-402
  • Intellectual disability: means a significant, subaverage general intellectual functioning that:Utah Code 68-3-12.5
  • 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
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Jurat: means a notarial act in which a notary certifies:
    (a) the identity of a signer who:
    (i) is personally known to the notary; or
    (ii) provides the notary satisfactory evidence of the signer's identity;
    (b) that the signer affirms or swears an oath attesting to the truthfulness of a document; and
    (c) that the signer voluntarily signs the document in the presence of the notary. See Utah Code 46-1-2
  • 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
  • Key shareholder: means a person, or group of persons acting in concert, who is the owner of 20% or more of a class of an applicant's stock. See Utah Code 7-25-102
  • Land: includes :Utah Code 68-3-12.5
  • Land affected: means the surface and subsurface of an area within the state where mining operations are being or will be conducted, including:
    (i) on-site private ways, roads, and railroads;
    (ii) land excavations;
    (iii) exploration sites;
    (iv) drill sites or workings;
    (v) refuse banks or spoil piles;
    (vi) evaporation or settling ponds;
    (vii) stockpiles;
    (viii) leaching dumps;
    (ix) placer areas;
    (x) tailings ponds or dumps; and
    (xi) work, parking, storage, or waste discharge areas, structures, and facilities. See Utah Code 40-8-4
  • Law enforcement agency: means the same as that term is defined in Section 53-1-102. See Utah Code 7-26-102
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • 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
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Libel: means a malicious defamation, expressed either by printing or by signs or pictures or the like, tending to blacken the memory of one who is dead, or to impeach the honesty, integrity, virtue or reputation, or publish the natural defects of one who is alive, and thereby to expose him to public hatred, contempt or ridicule. See Utah Code 45-2-2
  • Licensee: means a person licensed under this chapter. See Utah Code 7-25-102
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Limited tax bond: means a bond:
    (i) that is directly payable from and secured by ad valorem property taxes that are levied:
    (A) by a public infrastructure district that issues the bond; and
    (B) on taxable property within the district;
    (ii) that is a general obligation of the public infrastructure district; and
    (iii) for which the ad valorem property tax levy for repayment of the bond does not exceed the property tax levy rate limit established under Section 17D-4-303 for any fiscal year, except as provided in Subsection 17D-4-301(8). See Utah Code 17D-4-102
  • Liquidation: means the act or process of winding up the affairs of an institution subject to the jurisdiction of the department by realizing upon assets, paying liabilities, and appropriating profit or loss, as provided in Chapter 2, Possession of Depository Institution by Commissioner, and Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies. See Utah Code 7-1-103
  • Liquidator: means a person, agency, or instrumentality of this state or the United States appointed to conduct a liquidation. See Utah Code 7-1-103
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Loan fund board: means the Olene Walker Housing Loan Fund Board, established under 5. See Utah Code 17C-1-102
  • Local entity: means a county, city, town, school district, special district, or special service district. See Utah Code 17D-2-102
  • Local health department: means a local health department as defined in 1. See Utah Code 19-1-103
  • Local health department: means the local health department, as defined in Section 26A-1-102, with jurisdiction over the recycler. See Utah Code 19-6-803
  • 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
  • Low-level radioactive waste: means waste material that contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities that exceed applicable federal or state standards for unrestricted release. See Utah Code 19-3-102
  • Majority leader: see Floor Leaders
  • Manifest: means the form used for identifying the quantity, composition, origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment, or storage. See Utah Code 19-6-102
  • Manufacturer: means a person engaged in the business of manufacturing off-highway vehicles. See Utah Code 41-22-2
  • 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
  • Materials derived from waste tires: means tire sections, tire chips, tire shreddings, rubber, steel, fabric, or other similar materials derived from waste tires. See Utah Code 19-6-803
  • Member-business loan: means any loan, line of credit, or letter of credit, the proceeds of which will be used for:
    (i) a commercial purpose;
    (ii) other business investment property or venture purpose; or
    (iii) an agricultural purpose. See Utah Code 7-9-3
  • mineral deposit: means an accumulation of mineral matter in the form of consolidated rock, unconsolidated material, solutions, or occurring on the surface, beneath the surface, or in the waters of the land from which any product useful to man may be produced, extracted, or obtained or which is extracted by underground mining methods for underground storage. See Utah Code 40-8-4
  • Mining operation: means activities conducted on the surface of the land for the exploration for, development of, or extraction of a mineral deposit, including surface mining and the surface effects of underground and in situ mining, on-site transportation, concentrating, milling, evaporation, and other primary processing. See Utah Code 40-8-4
  • Minority leader: See Floor Leaders
  • Mixed waste: means material that is a hazardous waste as defined in this chapter and is also radioactive as defined in Section 19-3-102. See Utah Code 19-6-102
  • Mobile facility: means a mobile facility capable of cutting waste tires on site so the waste tires may be effectively disposed of by burial, such as in a landfill. See Utah Code 19-6-803
  • Modification request: means a request under Section 19-6-108 to modify a permitted facility or site for the purpose of disposing of nonhazardous solid waste or treating, storing, or disposing of hazardous waste. See Utah Code 19-6-102
  • Money transmission: means the sale or issuance of a payment instrument or engaging in the business of receiving money for transmission or transmitting money within the United States or to locations abroad by any and all means, including payment instrument, wire, facsimile, or electronic transfer. See Utah Code 7-25-102
  • 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.
  • Mortgage: means any instrument under which property may be encumbered as security for an obligation, including a mortgage, trust deed, indenture, pledge, assignment, security agreement, and financing statement. See Utah Code 17D-2-102
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Motor vehicle: includes an off-highway vehicle. See Utah Code 41-22-2
  • Motor vehicle dealer: means a dealer as defined in Section 41-3-102. See Utah Code 7-27-101
  • Motorcycle: means every motor vehicle having a saddle for the use of the operator and designed to travel on not more than two tires. See Utah Code 41-22-2
  • 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
  • Municipal-type services: includes , but is not limited to:
    (a) fire protection service;
    (b) waste and garbage collection and disposal;
    (c) planning and zoning;
    (d) street lighting;
    (e) life support and paramedic services;
    (f) water;
    (g) sewer;
    (h) electricity;
    (i) natural gas or other fuel; or
    (j) law enforcement. See Utah Code 19-3-303
  • Municipality: means a city, town, or metro township as defined in Section 10-2a-403. See Utah Code 17C-1-102
  • Museum: means an organized and permanent institution that:
    (a) is owned or controlled by the state, a county, or a municipality, or is a nonprofit organization;
    (b) has an educational or aesthetic purpose;
    (c) owns or curates a tangible collection; and
    (d) exhibits the collection to the public on a regular schedule. See Utah Code 9-6-102
  • Museums board: means the Utah Museums Advisory Board created in Section 9-6-305. See Utah Code 9-6-102
  • National Contingency Plan: means the National Oil and Hazardous Substance Contingency plan established by CERCLA. See Utah Code 19-6-302
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • National Guard: means the Utah National Guard created in Section 39A-3-101 and in accordance with Utah Constitution Article XV. See Utah Code 39A-1-102
  • National Priority List: means the list established by CERCLA. See Utah Code 19-6-302
  • National priority list site: means a site in Utah that is listed on the National Priority List. See Utah Code 19-6-302
  • Nationwide database: means the Nationwide Mortgage Licensing System and Registry, authorized under 12 U. See Utah Code 7-25-102
  • Natural gas: includes coalbed methane gas. See Utah Code 40-6-2
  • Natural gas liquids: means hydrocarbons, regardless of gravity, that are separated from natural gas as liquids in gas processing plants through the process of condensation, absorption, adsorption, or other methods. See Utah Code 40-6-2
  • Natural resource damage: means damages to land, fish, wildlife, biota, air, water, ground water, drinking water supplies, and other resources that are held in trust for the public or otherwise controlled by the United States, the state, or local government. See Utah Code 19-1-602
  • Nonconsenting owner: means an owner who does not, after written notice and in the manner and within the time frame established by the board in rule, consent to the drilling and operation of a well or agree to bear the owner's proportionate share of the costs. See Utah Code 40-6-2
  • Nonexempt credit union: means a credit union that is a nonexempt credit union under Section 7-9-55. See Utah Code 7-9-3
  • nonhazardous solid or hazardous waste operation plan: means a plan or approval under Section 19-6-108, including:
    (a) a plan to own, construct, or operate a facility or site for the purpose of transferring, treating, or disposing of nonhazardous solid waste or treating, storing, or disposing of hazardous waste;
    (b) a closure plan;
    (c) a modification request; or
    (d) an approval that the director is authorized to issue. See Utah Code 19-6-102
  • Notarial certificate: means the affidavit described in Section 46-1-6. See Utah Code 46-1-2
  • notarization: means an act that a notary is authorized to perform under Section 46-1-6. See Utah Code 46-1-2
  • Notary: includes a remote notary. See Utah Code 46-1-2
  • Notice: means :
    (a) notice of intention, as defined in this chapter; or
    (b) written information given to an operator by the division describing compliance conditions at a mining operation. See Utah Code 40-8-4
  • Notice of intention: means a notice to commence mining operations, including revisions to the notice. See Utah Code 40-8-4
  • Oath: includes "affirmation. See Utah Code 68-3-12.5
  • Oath: A promise to tell the truth.
  • 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.
  • OEM vehicle: means a vehicle manufactured by the original vehicle manufacturer or the manufacturer's contractor as a clean vehicle. See Utah Code 19-1-402
  • Off-highway implement of husbandry: means every all-terrain type I vehicle, all-terrain type II vehicle, all-terrain type III vehicle, motorcycle, or snowmobile that is used by the owner or the owner's agent for agricultural operations. See Utah Code 41-22-2
  • Off-highway vehicle: means any snowmobile, all-terrain type I vehicle, all-terrain type II vehicle, all-terrain type III vehicle, or motorcycle. See Utah Code 41-22-2
  • Off-site: means the land areas that are outside of or beyond the on-site land. See Utah Code 40-8-4
  • Official misconduct: means a notary's performance of any act prohibited or failure to perform any act mandated by this chapter or by any other law in connection with a notarial act. See Utah Code 46-1-2
  • Official seal: includes an electronic seal. See Utah Code 46-1-2
  • Oil: includes tar sands produced at the wellhead in liquid form through enhanced recovery operations authorized by the board in accordance with Subsection 40-6-5(3)(c). See Utah Code 40-6-2
  • Oil and gas operations: means to explore for, develop, or produce oil and gas. See Utah Code 40-6-2
  • Oil and gas proceeds: includes a royalty interest, overriding royalty interest, production payment interest, or working interest. See Utah Code 40-6-2
  • On-site: means the surface lands on or under which surface or underground mining operations are conducted. See Utah Code 40-8-4
  • Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) Source: OCC
  • Operate: means to control the movement of or otherwise use an off-highway vehicle. See Utah Code 41-22-2
  • Operator: means a person who has been designated by the owners or the board to operate a well or unit. See Utah Code 40-6-2
  • Operator: means a natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, owning, controlling, or managing a mining operation or proposed mining operation. See Utah Code 40-8-4
  • Operator: means the person who is in actual physical control of an off-highway vehicle. See Utah Code 41-22-2
  • 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
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Order: means written information provided by the division or board to an operator or other parties, describing the compliance status of a permit or mining operation. See Utah Code 40-8-4
  • Organization: means a corporation, limited liability company, partnership, limited liability partnership, joint venture, consortium, association, trust, or other entity formed to undertake an enterprise, whether or not for profit. See Utah Code 19-3-303
  • Organized user group: means an off-highway vehicle organization incorporated as a nonprofit corporation in the state under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, for the purpose of promoting the interests of off-highway vehicle recreation. See Utah Code 41-22-2
  • Other gas: includes hydrogen sulfide, carbon dioxide, helium, and nitrogen. See Utah Code 40-6-2
  • Out-of-state: means , in reference to a depository institution or depository institution holding company, an institution or company whose home state is not Utah. See Utah Code 7-1-103
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means a person who has the right:
    (a) to drill into and produce from a reservoir; and
    (b) to appropriate the oil and gas produced for that person or for that person and others. See Utah Code 40-6-2
  • Owner: means a natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, owning, controlling, or managing a mineral deposit or the surface of lands employed in mining operations. See Utah Code 40-8-4
  • Owner: means a person, other than a person with a security interest, having a property interest or title to an off-highway vehicle and entitled to the use and possession of that vehicle. See Utah Code 41-22-2
  • 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
  • Participant: means one or more persons that enter into a participation agreement with an agency. See Utah Code 17C-1-102
  • Participation agreement: means a written agreement between a person and an agency that:
    (a) includes a description of:
    (i) the project area development that the person will undertake;
    (ii) the amount of project area funds the person may receive; and
    (iii) the terms and conditions under which the person may receive project area funds; and
    (b) is approved by resolution of the board. See Utah Code 17C-1-102
  • 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.
  • Pass-through funding: means funding from an appropriation by the Legislature to a state agency that is intended to be passed through the state agency to:
    (i) a government or local government entity;
    (ii) a private entity, including a not-for-profit entity; or
    (iii) a person in the form of a loan or a grant. See Utah Code 9-1-102
  • Passenger tire equivalent: means a measure of mixed sizes of tires where each 25 pounds of whole tires or material derived from waste tires is equal to one waste tire. See Utah Code 19-6-803
  • Payment instrument: means a check, draft, money order, travelers check, or other instrument or written order for the transmission or payment of money, sold or issued to one or more persons, whether or not the instrument is negotiable. See Utah Code 7-25-102
  • Payor: means the person who undertakes to distribute oil and gas proceeds to the persons entitled to them, whether as the first purchaser of that production, as operator of the well from which the production was obtained, or as lessee under the lease on which royalty is due. See Utah Code 40-6-2
  • Permit: means a permit or notice to conduct mining operations issued by the division. See Utah Code 40-8-4
  • Permit: means a permit issued by the division and approved by the board allowing a person to operate a storage facility. See Utah Code 40-11-1
  • Permit: includes an operation plan. See Utah Code 19-6-102
  • Permit area: means the area of land indicated on the approved map submitted by the operator with the application or notice to conduct mining operations. See Utah Code 40-8-4
  • Permittee: means a person holding, or who is required by Utah law to hold, a valid permit or notice to conduct mining operations. See Utah Code 40-8-4
  • Permittee: means a person who is obligated under an operation plan. See Utah Code 19-6-102
  • 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 the same as that term is defined in Section 68-3-12. See Utah Code 40-6-2
  • Person: means an individual, partnership, association, society, joint stock company, firm, company, corporation, or other governmental or business organization. See Utah Code 40-8-4
  • Person: means :Utah Code 68-3-12.5
  • Person: means :
    (a) an individual;
    (b) a corporation;
    (c) a limited liability company;
    (d) a partnership;
    (e) a trust;
    (f) an association;
    (g) a joint venture;
    (h) a pool;
    (i) a syndicate;
    (j) a sole proprietorship;
    (k) an unincorporated organization; or
    (l) any form of business entity. See Utah Code 7-1-103
  • Personal property: includes :Utah Code 68-3-12.5
  • Personal property: All property that is not real property.
  • Personally known: means familiarity with an individual resulting from interactions with that individual over a period of time sufficient to eliminate every reasonable doubt that the individual has the identity claimed. See Utah Code 46-1-2
  • 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
  • Placement: means transportation, transfer, storage, decay in storage, treatment, or disposal. See Utah Code 19-3-303
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plan hearing: means the public hearing on a proposed project area plan required under Subsection 17C-2-102(1)(a)(vi) for an urban renewal project area plan, Subsection 17C-3-102(1)(d) for an economic development project area plan, Subsection 17C-4-102(1)(d) for a community development project area plan, or Subsection 17C-5-104(3)(e) for a community reinvestment project area plan. See Utah Code 17C-1-102
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Political subdivision: means any county, city, town, school district, public transit district, redevelopment agency, special improvement or taxing district, or other governmental subdivision or public corporation. See Utah Code 19-3-303
  • Pool: means an underground reservoir containing a common accumulation of oil or gas or both. See Utah Code 40-6-2
  • Pooling: means the bringing together of separately owned interests for the common development and operation of a drilling unit. See Utah Code 40-6-2
  • Pore space: means subsurface porous material possessing free space, naturally or artificially created, between the mineral grains. See Utah Code 40-6-2
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Private sector business vehicle: means a motor vehicle registered in Utah that is owned and operated solely in the conduct of a private business enterprise. See Utah Code 19-1-402
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Proceeds of the fee: means the money collected by the commission from payment of the recycling fee including interest and penalties on delinquent payments. See Utah Code 19-6-803
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Producer: means the owner or operator of a well capable of producing oil and gas. See Utah Code 40-6-2
  • Product: means any commodity made from oil and gas. See Utah Code 40-6-2
  • Program: means the Environmental Assurance Program under Section 19-6-410. See Utah Code 19-6-402
  • Project: means an improvement, facility, property, or appurtenance to property that a local entity is permitted under law to own or acquire, whether located inside or outside the local entity's boundary, including:
    (a) a public building or other structure of any kind; and
    (b) a joint or partial interest in the improvement, facility, property, or appurtenance to property. See Utah Code 17D-2-102
  • Project area: means the geographic area described in a project area plan within which the project area development described in the project area plan takes place or is proposed to take place. See Utah Code 17C-1-102
  • Project area budget: means a multiyear projection of annual or cumulative revenues and expenses and other fiscal matters pertaining to a project area prepared in accordance with:
    (a) for an urban renewal project area, Section 17C-2-201;
    (b) for an economic development project area, Section 17C-3-201;
    (c) for a community development project area, Section 17C-4-204; or
    (d) for a community reinvestment project area, Section 17C-5-302. See Utah Code 17C-1-102
  • Project area development: means activity within a project area that, as determined by the board, encourages, promotes, or provides development or redevelopment for the purpose of implementing a project area plan, including:
    (a) promoting, creating, or retaining public or private jobs within the state or a community;
    (b) providing office, manufacturing, warehousing, distribution, parking, or other facilities or improvements;
    (c) planning, designing, demolishing, clearing, constructing, rehabilitating, or remediating environmental issues;
    (d) providing residential, commercial, industrial, public, or other structures or spaces, including recreational and other facilities incidental or appurtenant to the structures or spaces;
    (e) altering, improving, modernizing, demolishing, reconstructing, or rehabilitating existing structures;
    (f) providing open space, including streets or other public grounds or space around buildings;
    (g) providing public or private buildings, infrastructure, structures, or improvements;
    (h) relocating a business;
    (i) improving public or private recreation areas or other public grounds;
    (j) eliminating a development impediment or the causes of a development impediment;
    (k) redevelopment as defined under the law in effect before May 1, 2006; or
    (l) any activity described in this Subsection (48) outside of a project area that the board determines to be a benefit to the project area. See Utah Code 17C-1-102
  • Project area funds: means tax increment or sales and use tax revenue that an agency receives under a project area budget adopted by a taxing entity committee or an interlocal agreement. See Utah Code 17C-1-102
  • Project area funds collection period: means the period of time that:
    (a) begins the day on which the first payment of project area funds is distributed to an agency under a project area budget approved by a taxing entity committee or an interlocal agreement; and
    (b) ends the day on which the last payment of project area funds is distributed to an agency under a project area budget approved by a taxing entity committee or an interlocal agreement. See Utah Code 17C-1-102
  • Project area incremental revenue: means the amount of revenue generated by the incremental value that a taxing entity receives after a project area funds collection period ends. See Utah Code 17C-1-1001
  • Project area plan: means an urban renewal project area plan, an economic development project area plan, a community development project area plan, or a community reinvestment project area plan that, after the project area plan's effective date, guides and controls the project area development. See Utah Code 17C-1-102
  • 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
  • Property tax: includes a privilege tax imposed under Title 59, Chapter 4, Privilege Tax. See Utah Code 17C-1-102
  • Property tax revenue: means the amount of revenue generated by an agency from the property within the agency using the current taxable value of the property and the agency's certified tax rate. See Utah Code 17C-1-1001
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Provider: includes a person who, under a written agreement with a depository institution, offers one or more commercial financing products provided by the depository institution via an online platform that the person administers. See Utah Code 7-27-101
  • 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
  • Public entity: means :
    (a) the United States, including an agency of the United States;
    (b) the state, including any of the state's departments or agencies; or
    (c) a political subdivision of the state, including a county, municipality, school district, special district, special service district, community reinvestment agency, or interlocal cooperation entity. See Utah Code 17C-1-102
  • Public infrastructure and improvements: means :
    (a) the same as that term is defined in Section 11-58-102, for a public infrastructure district created by the Utah Inland Port Authority created in Section 11-58-201; and
    (b) the same as that term is defined in Section 63H-1-102, for a public infrastructure district created by the military installation development authority created in Section 63H-1-201. See Utah Code 17D-4-102
  • Public land: means land owned or administered by any federal or state agency or any political subdivision of the state. See Utah Code 41-22-2
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Qualified energy-efficient residential dwelling: means a dwelling with an energy efficiency rating determined by the department by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 19-1-402
  • Qualified individual: means :
    (a) a branch manager of a covered financial institution; or
    (b) a director, officer, employee, agent, or other representative that a covered financial institution designates. See Utah Code 7-26-102
  • Quorum: The number of legislators that must be present to do business.
  • Radiation: means ionizing and nonionizing radiation, including gamma rays, X-rays, alpha and beta particles, high speed electrons, and other nuclear particles. See Utah Code 19-3-102
  • Radioactive: means any solid, liquid, or gas which emits radiation spontaneously from decay of unstable nuclei. See Utah Code 19-3-102
  • 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.
  • Receiver: means a person, agency, or instrumentality of this state or the United States appointed to administer and manage an institution subject to the jurisdiction of the department in receivership, as provided in Chapter 2, Possession of Depository Institution by Commissioner, and Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies. See Utah Code 7-1-103
  • Reclamation: means actions performed during or after mining operations to shape, stabilize, revegetate, or treat the land affected in order to achieve a safe, stable ecological condition and use that is consistent with local environmental conditions. See Utah Code 40-8-4
  • record owner of property: means the owner of real property, as shown on the records of the county in which the property is located, to whom the property's tax notice is sent. See Utah Code 17C-1-102
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • 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
  • Recycler: means a person who:
    (a) annually uses, or can reasonably be expected within the next year to use, a minimum of 100,000 waste tires generated in the state or 1,000 tons of waste tires generated in the state to recover energy or produce energy, crumb rubber, chipped tires, or an ultimate product; and
    (b) is registered as a recycler in accordance with Section 19-6-806. See Utah Code 19-6-803
  • Recycling fee: means the fee provided for in Section 19-6-805. See Utah Code 19-6-803
  • Refueling equipment: means :
    (a) compressors when used separately;
    (b) compressors used in combination with cascade tanks;
    (c) other equipment that constitute a central refueling system capable of dispensing vehicle fuel; and
    (d) electric charging stations and equipment. See Utah Code 19-1-402
  • Register: means the act of assigning a registration number to an off-highway vehicle. See Utah Code 41-22-2
  • 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: includes abandoning or discarding barrels, containers, and other closed receptacles containing any hazardous material or substance, unless the discard or abandonment is authorized under state or federal law, rule, or regulation. See Utah Code 19-6-302
  • 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
  • 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.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Remedial action: means action taken consistent with the substantive requirements of CERCLA according to the procedures established by this part to prevent, eliminate, minimize, mitigate, or clean up the release of a hazardous substance from a facility on the hazardous substances priority list. See Utah Code 19-6-302
  • Remedial action plan: means a plan for remedial action consistent with the substantive requirements of CERCLA and approved by the executive director. See Utah Code 19-6-302
  • Remedial investigation: means a remedial investigation and feasibility study as defined in the National Contingency Plan established by CERCLA. See Utah Code 19-6-302
  • Remit: means either to make direct payment of the money to the licensee or its representatives authorized to receive the money, or to deposit the money in a depository institution in an account in the name of the licensee. See Utah Code 7-25-102
  • Remote notarization: means a notarial act performed by a remote notary in accordance with this chapter for an individual who is not in the physical presence of the remote notary at the time the remote notary performs the notarial act. See Utah Code 46-1-2
  • Remote notary: means a notary that holds an active remote notary certification under Section 46-1-3. See Utah Code 46-1-2
  • Requirement: means an ordinance, policy, rule, mandate, or other directive that imposes a legal duty on a person. See Utah Code 19-6-502
  • Reservoir: means a subsurface sedimentary stratum, formation, aquifer, cavity, or void, whether natural or artificially created, including oil and gas reservoirs, saline formations, and coal seams suitable for or capable of being made suitable for geologic carbon storage. See Utah Code 40-11-1
  • 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: means :
    (i) the owner or operator of a facility;
    (ii) any person who, at the time any hazardous substance or material was disposed of at the facility, owned or operated the facility;
    (iii) any person who arranged for disposal or treatment, or arranged with a transporter for transport, for disposal, or treatment of hazardous materials or substances owned or possessed by the person, at any facility owned or operated by another person and containing the hazardous materials or substances; or
    (iv) any person who accepts or accepted any hazardous materials or substances for transport to a facility selected by that person from which there is a release that causes the incurrence of response costs. See Utah Code 19-6-302
  • 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
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Road: includes :Utah Code 68-3-12.5
  • Rock aggregate: means those consolidated rock materials associated with a sand deposit, a gravel deposit, or a sand and gravel deposit that were created by alluvial sedimentary processes. See Utah Code 40-8-4
  • Rule: means a rule made by the department under Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 19-3-303
  • Sales and use tax revenue: means revenue that is:
    (a) generated from a tax imposed under Title 59, Chapter 12, Sales and Use Tax Act; and
    (b) distributed to a taxing entity in accordance with Sections 59-12-204 and 59-12-205. See Utah Code 17C-1-102
  • Sand: means a naturally occurring unconsolidated to moderately consolidated accumulation of rock and mineral particles, the dominant size range being between . See Utah Code 40-8-4
  • Satisfactory evidence of identity: means :
    (i) for both an in-person and remote notarization, identification of an individual based on:
    (A) subject to Subsection (19)(b), valid personal identification with the individual's photograph, signature, and physical description that the United States government, any state within the United States, or a foreign government issues;
    (B) subject to Subsection (19)(b), a valid passport that any nation issues; or
    (C) the oath or affirmation of a credible person who is personally known to the notary and who personally knows the individual; and
    (ii) for a remote notarization only, a third party's affirmation of an individual's identity in accordance with rules made under Section 46-1-3. See Utah Code 46-1-2
  • Scored site: means a facility in Utah that meets the requirements of scoring established by the National Contingency Plan for placement on the National Priority List. See Utah Code 19-6-302
  • Service of process: The service of writs or summonses to the appropriate party.
  • service organization: means a corporation or other business entity owned or controlled by one or more financial institutions that is engaged or proposes to engage in business activities related to the business of financial institutions. See Utah Code 7-1-103
  • services: means any work or governmental program which provides a benefit. See Utah Code 19-3-303
  • 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.
  • Sewerage system: means pipelines or conduits, pumping stations, and other constructions, devices, appurtenances, and facilities used for collecting or conducting wastes to a point of ultimate disposal. See Utah Code 19-5-102
  • Shares: means that portion of the capital paid into the credit union by members on which dividends may be paid. See Utah Code 7-9-3
  • Shredded waste tires: means waste tires or material derived from waste tires that has been reduced to a six inch square or smaller. See Utah Code 19-6-803
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • Signature witnessing: means a notarial act in which an individual:
    (a) appears in the presence of the notary and presents a document;
    (b) provides the notary satisfactory evidence of the individual's identity, or is personally known to the notary; and
    (c) signs the document in the presence of the notary. See Utah Code 46-1-2
  • Site: means land used for the treatment, disposal, or storage of hazardous wastes. See Utah Code 19-6-202
  • Siting plan: means the state hazardous waste facilities siting plan adopted by the board pursuant to Sections 19-6-204 and 19-6-205. See Utah Code 19-6-202
  • Slander: means any libel communicated by spoken words. See Utah Code 45-2-2
  • Small mining operations: means mining operations that disturb or will disturb 20 or less surface acres at any given time in an unincorporated area of a county or 10 or less surface acres at any given time in an incorporated area of a county. See Utah Code 40-8-4
  • Snowmobile: means any motor vehicle designed for travel on snow or ice and steered and supported in whole or in part by skis, belts, cleats, runners, or low pressure tires. See Utah Code 41-22-2
  • 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: means garbage, refuse, sludge, including sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, or other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, or agricultural operations and from community activities. See Utah Code 19-6-102
  • 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
  • Solid waste management facility: means the same as that term is defined in Section 19-6-502. See Utah Code 19-6-102
  • Special assessment: means an assessment levied against property to pay all or a portion of the costs of making improvements that benefit the property. See Utah Code 17D-1-102
  • Special assessment bond: means a bond payable from special assessments. See Utah Code 17D-1-102
  • Special district: means the same as that term is defined in Section 17B-1-102. See Utah Code 17D-2-102
  • Special service district: means a limited purpose local government entity, as described in Section 17D-1-103, that:
    (a) is created under authority of the Utah Constitution Article XI, Section 7; and
    (b) operates under, is subject to, and has the powers set forth in this chapter. See Utah Code 17D-1-102
  • Special service district: means the same as that term is defined in Section 17D-1-102. See Utah Code 17D-2-102
  • 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
  • State: means , unless the context demands otherwise:
    (a) a state;
    (b) the District of Columbia; or
    (c) the territories of the United States. See Utah Code 7-1-103
  • Statute: A law passed by a legislature.
  • Storage: means the placement of waste tires in a manner that does not constitute disposal of the waste tires. See Utah Code 19-6-803
  • Storage: means the actual or intended containment of solid or hazardous waste either on a temporary basis or for a period of years in such a manner as not to constitute disposal of the waste. See Utah Code 19-6-102
  • Storage: means the containment of hazardous wastes for a period of more than 90 days. See Utah Code 19-6-202
  • Storage facility: means the reservoir, underground equipment, and surface facilities and equipment used or proposed to be used in a geologic carbon storage operation. See Utah Code 40-11-1
  • Storage facility: means any facility which stores, holds, or otherwise provides for the emplacement of waste regardless of the intent to recover that waste for subsequent use, processing, or disposal. See Utah Code 19-3-303
  • Storage operator: means a person holding or applying for a permit. See Utah Code 40-11-1
  • Store: means to place waste tires in a manner that does not constitute disposal of the waste tires. See Utah Code 19-6-803
  • Street or highway: means the entire width between boundary lines of every way or place of whatever nature, when any part of it is open to the use of the public for vehicular travel. See Utah Code 41-22-2
  • Subpoena: A command to a witness to appear and give testimony.
  • Subsidiary: means a business entity under the control of an institution. See Utah Code 7-1-103
  • Summons: Another word for subpoena used by the criminal justice system.
  • Surface land: means privately owned land:
    (a) overlying privately owned oil and gas resources;
    (b) upon which oil and gas operations are conducted; and
    (c) owned by a surface land owner. See Utah Code 40-6-2
  • Surface land owner: means a person who owns, in fee simple absolute, all or part of the surface land as shown by the records of the county where the surface land is located. See Utah Code 40-6-2
  • Surface use agreement: means an agreement between an owner or operator and a surface land owner addressing:
    (a) the use and reclamation of surface land owned by the surface land owner; and
    (b) compensation for damage to the surface land caused by oil and gas operations that result in:
    (i) loss of the surface land owner's crops on the surface land;
    (ii) loss of value of existing improvements owned by the surface land owner on the surface land; and
    (iii) permanent damage to the surface land. See Utah Code 40-6-2
  • Survey area: means a geographic area designated for study by a survey area resolution to determine whether:
    (a) one or more project areas within the survey area are feasible; or
    (b) a development impediment exists within the survey area. See Utah Code 17C-1-102
  • Survey area resolution: means a resolution adopted by a board that designates a survey area. See Utah Code 17C-1-102
  • Swear: includes "affirm. See Utah Code 68-3-12.5
  • Tax and revenue anticipation bond: means a bond:
    (a) issued in anticipation of the collection of taxes or other revenues or a combination of taxes and other revenues; and
    (b) that matures within the same fiscal year as the fiscal year in which the bond is issued. See Utah Code 17D-1-102
  • Tax increment: means the difference between:
    (i) the amount of property tax revenue generated each tax year by a taxing entity from the area within a project area designated in the project area plan as the area from which tax increment is to be collected, using the current assessed value of the property and each taxing entity's current certified tax rate as defined in Section 59-2-924; and
    (ii) the amount of property tax revenue that would be generated from that same area using the base taxable value of the property and each taxing entity's current certified tax rate as defined in Section 59-2-924. See Utah Code 17C-1-102
  • Taxable value: means :
    (a) the taxable value of all real property a county assessor assesses in accordance with 3, for the current year;
    (b) the taxable value of all real and personal property the commission assesses in accordance with 2, for the current year; and
    (c) the year end taxable value of all personal property a county assessor assesses in accordance with 3, contained on the prior year's tax rolls of the taxing entity. See Utah Code 17C-1-102
  • Taxing entity: means a public entity that:
    (a) levies a tax on property located within a project area; or
    (b) imposes a sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act. See Utah Code 17C-1-102
  • Taxing entity committee: means a committee representing the interests of taxing entities, created in accordance with Section 17C-1-402. See Utah Code 17C-1-102
  • 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.
  • Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Third party associated with a vulnerable adult: means an individual:
    (a) who is a parent, spouse, adult child, sibling, or other known family member of a vulnerable adult;
    (b) whom a vulnerable adult authorizes the financial institution to contact;
    (c) who is a co-owner, additional authorized signatory, or beneficiary on a vulnerable adult's account; or
    (d) who is an attorney, trustee, conservator, guardian or other fiduciary whom a court or a government agency selects to manage some or all of the financial affairs of the vulnerable adult. See Utah Code 7-26-102
  • 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
  • Tire: means a pneumatic rubber covering designed to encircle the wheel of a vehicle in which a person or property is or may be transported or drawn upon a highway. See Utah Code 19-6-803
  • Tire retailer: means a person engaged in the business of selling new tires either as replacement tires or as part of a new vehicle sale. See Utah Code 19-6-803
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Transaction: means any of the following services that a covered financial institution provides:
    (a) a transfer or request to transfer or disburse funds or assets in an account;
    (b) a request to initiate a wire transfer, initiate an automated clearinghouse transfer, or issue a money order, cashier's check, or official check;
    (c) a request to negotiate a check or other negotiable instrument;
    (d) a request to change the ownership of, or access to, an account;
    (e) a request to sell or transfer a security or other asset, or a request to affix a medallion stamp or provide any form of guarantee or endorsement in connection with an attempt to sell or transfer a security or other asset, if the person selling or transferring the security or asset is not required to obtain a license under Section 61-1-3;
    (f) a request for a loan, extension of credit, or draw on a line of credit;
    (g) a request to encumber any movable or immovable property; or
    (h) a request to designate or change the designation of beneficiaries to receive any property, benefit, or contract right. See Utah Code 7-26-102
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transfer: means the collection of nonhazardous solid waste from a permanent, fixed, supplemental collection facility for movement to a vehicle for movement to an offsite nonhazardous solid waste storage or disposal facility. See Utah Code 19-6-102
  • Transfer facility: means any facility which transfers waste from and between transportation modes, vehicles, cars, or other units, and includes rail terminals and intermodal transfer points. See Utah Code 19-3-303
  • Transportation: means the off-site movement of solid or hazardous waste to any intermediate point or to any point of storage, treatment, or disposal. See Utah Code 19-6-102
  • Treatment: means a method, technique, or process designed to change the physical, chemical, or biological character or composition of any solid or hazardous waste so as to neutralize the waste or render the waste nonhazardous, safer for transport, amenable for recovery, amenable to storage, or reduced in volume. See Utah Code 19-6-102
  • Treatment: means any method, technique, or process designed to change the physical, chemical, or biological character or composition of any hazardous waste to neutralize or render it nonhazardous, safer for transport, amenable to recovery or storage, convertible to another usable material, or reduced in volume and suitable for ultimate disposal. See Utah Code 19-6-202
  • Treatment works: means a plant, disposal field, lagoon, dam, pumping station, incinerator, or other works used for the purpose of treating, stabilizing, or holding wastes. See Utah Code 19-5-102
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust company: means a person authorized to conduct a trust business, as provided in Chapter 5, Trust Business. See Utah Code 7-1-103
  • Trustee: A person or institution holding and administering property in trust.
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • Ultimate product: includes pyrolized materials derived from:
    (i) waste tires; or
    (ii) chipped tires. See Utah Code 19-6-803
  • 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 that is regulated under Subtitle I of the Resource Conservation and Recovery Act, 42 U. See Utah Code 19-6-102
  • 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
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Unlicensed facility: means a structure, road, or property:
    (a) adjacent to, but outside of, a licensed or permitted area; and
    (b) that is not used for waste disposal or waste management. See Utah Code 19-3-102
  • Unused funds: means the remaining funds from a specific funding source following the complete implementation of the environmental mitigation or response actions pursuant to the terms and conditions of the contribution. See Utah Code 19-1-602
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Urban renewal project area plan: means a project area plan adopted under 1. See Utah Code 17C-1-102
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5
  • Venue: The geographical location in which a case is tried.
  • Verified: means verified by the United States Environmental Protection Agency or the California Air Resources Board to reduce air emissions and meet durability requirements. See Utah Code 19-2-202
  • 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 68-3-12.5
  • Vulnerable adult: means :
    (a) an individual who is 65 years old or older; or
    (b) the same as that term is defined in Section 26B-6-201. See Utah Code 7-26-102
  • Waste: means :
    (a) the inefficient, excessive, or improper use or the unnecessary dissipation of oil or gas or reservoir energy;
    (b) the inefficient storing of oil or gas;
    (c) the locating, drilling, equipping, operating, or producing of any oil or gas well in a manner that causes:
    (i) a reduction in the quantity of oil or gas ultimately recoverable from a reservoir under prudent and economical operations;
    (ii) unnecessary wells to be drilled; or
    (iii) the loss or destruction of oil or gas either at the surface or subsurface; or
    (d) the production of oil or gas in excess of:
    (i) transportation or storage facilities; or
    (ii) the amount reasonably required to be produced as a result of the proper drilling, completing, testing, or operating of a well or otherwise utilized on the lease from which it is produced. See Utah Code 40-6-2
  • Waste tire: means :
    (a) a tire that is no longer suitable for the tire's original intended purpose because of wear, damage, or defect; or
    (b) a tire that a tire retailer removes from a vehicle for replacement with a new or used tire. See Utah Code 19-6-803
  • Waste tire pile: means a pile of 200 or more waste tires at one location. See Utah Code 19-6-803
  • Waste tire transporter: includes a person engaged in the business of collecting, hauling, or transporting waste tires or who performs these functions for another person, except as provided in Subsection (31)(c). See Utah Code 19-6-803
  • wastes: means high-level nuclear waste and greater than class C radioactive waste. See Utah Code 19-3-303
  • Wastewater service provider: means a political subdivision of the state that owns, operates, or otherwise sponsors through agreement a sewerage system, a treatment works, or large underground wastewater disposal system for the collection, storage, treatment, or disposal of domestic waste. See Utah Code 19-5-201
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ: means an order or precept in writing, issued in the name of:Utah Code 68-3-12.5
  • Writing: includes :Utah Code 68-3-12.5