Section 315 – Transportation requirements.
19-3-315. Transportation requirements. (1) A person may not transport wastes in the state, including on highways, roads, rail, by air, or otherwise, without: (a) having received approval from the state Department of Transportation; and (b) having demonstrated compliance with rules of the state Department of Transportation. (2) The Department of Transportation may: (a) make rules […]
Section 316 – Cost recovery.
19-3-316. Cost recovery. The owner or transporter or any person in possession of waste is liable, consistent with the provisions of federal law, for any expense, damages, or injury incurred by the state, its political subdivisions, or any person as a result of a release of the waste. Enacted by Chapter 348, 1998 General Session
Section 317 – Severability.
19-3-317. Severability. If any provision of this part is held to be invalid, unconstitutional, or otherwise held to be inconsistent with law, the remainder of this part is not affected and remains in full force. Enacted by Chapter 348, 1998 General Session
Section 318 – No limitation of liability regarding businesses involved in high level radioactive waste.
19-3-318. No limitation of liability regarding businesses involved in high level radioactive waste. (1) As used in this section: (a) “Controlling interest” means: (i) the direct or indirect possession of the power to direct or cause the direction of the management and policies of an organization, whether through the ownership of voting interests, by contract, […]
Section 319 – State response to nuclear release and hazards.
19-3-319. State response to nuclear release and hazards. (1) The state finds that the placement of high-level nuclear waste inside the exterior boundaries of the state is an ultra-hazardous activity which may result in catastrophic economic and environmental damage and irreparable human injury in the event of a release of waste, and which may result […]
Section 320 – Efforts to prevent siting of any nuclear waste facility to include economic development study regarding Native American reservation lands within the state.
Effective 5/5/2021 19-3-320. Efforts to prevent siting of any nuclear waste facility to include economic development study regarding Native American reservation lands within the state. (1) It is the intent of the Legislature that the department, in its efforts to prevent the siting of a nuclear waste facility within the exterior borders of the state, […]
Section 312 – Enforcement — Penalties.
19-3-312. Enforcement — Penalties. (1) When the department or the governor has probable cause to believe a person is violating or is about to violate any provision of this part, the department or the governor shall direct the state attorney general to apply to the appropriate court for an order enjoining the person from engaging […]
Section 313 – Reciprocity.
19-3-313. Reciprocity. Waste may not be transported into and transferred, stored, decayed in storage, treated, or disposed of in the state if the state of origin of the waste or the state in which the waste was generated prohibits or limits similar actions within its own boundaries. Enacted by Chapter 348, 1998 General Session
Section 314 – Local jurisdiction.
19-3-314. Local jurisdiction. This part does not preclude any political subdivision of the state from establishing additional requirements under applicable state and federal law. Enacted by Chapter 348, 1998 General Session
Section 305 – Application for license.
19-3-305. Application for license. The application for a construction and operating license shall contain information required by department rules, which shall include: (1) results of studies adequate to: (a) identify the presence of any groundwater aquifers in the area of the proposed site; (b) assess the quality of the groundwater of all aquifers identified in […]