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Section 34A-11-25 - Disposal fee levied by state--Records. - 34A-11-25. Disposal fee levied by state--Records. Because of the additional...
Section 34A-11-26 - County or municipal disposal fee--Distribution of fee shares. - 34A-11-26. County or municipal disposal fee--Distribution of fee shares. In...
Chapter 12 - Regulated Substance Discharges
Section 34A-12-1 - Definition of terms. - 34A-12-1. Definition of terms. Terms used in §§23A-27-25, 34A-1-39, 34A-12-1...
Section 34A-12-3 - Regulated substance response fund established--Purpose--Source of funds--Continuous appropriation--Informational budget--Annual legislative review. - 34A-12-3. Regulated substance response fund established--Purpose--Source of funds--Continuous appropriation--Informational budget--Annual...
Section 34A-12-3.1 - Subfund created--Disbursement and use of funds. - 34A-12-3.1. Subfund created--Disbursement and use of funds. A subfund of...
Section 34A-12-4 - Expenditure of funds by secretary--Grounds for expenditures. - 34A-12-4. Expenditure of funds by secretary--Grounds for expenditures. When necessary...
Section 34A-12-5 - Department to perform administrative functions and corrective actions--Disbursements. - 34A-12-5. Department to perform administrative functions and corrective actions--Disbursements. The...
Section 34A-12-6 - Civil action by department for corrective action costs--Recovery of other costs. - 34A-12-6. Civil action by department for corrective action costs--Recovery of...
Section 34A-12-7 - Promulgation of rules--List of regulated substances. - 34A-12-7. Promulgation of rules--List of regulated substances. The secretary shall...
Section 34A-12-8 - Discharge of regulated substance prohibited--Exception. - 34A-12-8. Discharge of regulated substance prohibited--Exception. The discharge of a...
Section 34A-12-9 - Report of discharge--Rules for reporting. - 34A-12-9. Report of discharge--Rules for reporting. Any person who has...
Section 34A-12-10 - Order to take corrective action--Injunctive action--Cease and desist order. - 34A-12-10. Order to take corrective action--Injunctive action--Cease and desist order....
Section 34A-12-11 - Injunctive action for emergency remedial efforts. - 34A-12-11. Injunctive action for emergency remedial efforts. The department may...
Section 34A-12-12 - Strict liability for costs of corrective action. - 34A-12-12. Strict liability for costs of corrective action. Any person...
Section 34A-12-13 - Corrective action costs as lien--Filing of notice of lien--Contents--Attachment--Priority. - 34A-12-13. Corrective action costs as lien--Filing of notice of lien--Contents--Attachment--Priority....
Section 34A-12-13.1 - Authority to establish and enforce remediation requirements. - 34A-12-13.1. Authority to establish and enforce remediation requirements. Nothing in...
Section 34A-12-14 - Additional remedies. - 34A-12-14. Additional remedies. Nothing in §§23A-27-25, 34A-1-39, 34A-2-75, 34A-6-1.4, 34A-6-1.31,...
Section 34A-12-15 - Deposit of certain moneys in response fund. - 34A-12-15. Deposit of certain moneys in response fund. All money...
Section 34A-12-16 - Determination of person responsible for discharge. - 34A-12-16. Determination of person responsible for discharge. If the department...
Chapter 13 - Petroleum Inspection And Release Compensation
Section 34A-13-1 - Definition of terms. - 34A-13-1. Definition of terms. Terms used in this chapter mean:...
Section 34A-13-4 - Immediate corrective action by department. - 34A-13-4. Immediate corrective action by department. To assure an adequate...
Section 34A-13-5 - Joint adoption of response procedure. - 34A-13-5. Joint adoption of response procedure. The board and the...
Section 34A-13-7 - Furnishing of information to director--Denial of benefits based on failure to furnish information. - 34A-13-7. Furnishing of information to director--Denial of benefits based on...
Section 34A-13-8 - Examination of records--Entering upon public or private property--Denial of benefits based upon failure to allow access to property and documents. - 34A-13-8. Examination of records--Entering upon public or private property--Denial of...
Section 34A-13-8.1 - Reimbursement by fund for corrective action costs--Limitation--Costs for releases. - 34A-13-8.1. Reimbursement by fund for corrective action costs--Limitation--Costs for releases....
Section 34A-13-8.2 - Percentage of deductible waived for certain releases. - 34A-13-8.2. Percentage of deductible waived for certain releases. The board...
Section 34A-13-8.3 - Limitation on reimbursement for release sites. - 34A-13-8.3. Limitation on reimbursement for release sites. Regardless of the...
Section 34A-13-8.4 - Defense costs of certain third-party claims. - 34A-13-8.4. Defense costs of certain third-party claims. In addition to...
Section 34A-13-8.5 - Reimbursement to covered party. - 34A-13-8.5. Reimbursement to covered party. Reimbursement from the fund may...
Section 34A-13-9 - Cost of corrective action--Amount of reimbursement--Exceptions. - 34A-13-9. Cost of corrective action--Amount of reimbursement--Exceptions. A responsible person...
Section 34A-13-9.1 - Conditions for reimbursement. - 34A-13-9.1. Conditions for reimbursement. Reimbursement, without a corrective action plan,...
Section 34A-13-9.2 - Subrogation of fund--Right to recover. - 34A-13-9.2. Subrogation of fund--Right to recover. The fund shall be...
Section 34A-13-10 - Avoidance of liability by conveyance or agreement prohibited--Exceptions. - 34A-13-10. Avoidance of liability by conveyance or agreement prohibited--Exceptions. No...
Section 34A-13-11 - Recovery of expenses in civil action--Prima facie evidence of reasonable expenses--Disposition of recovered funds. - 34A-13-11. Recovery of expenses in civil action--Prima facie evidence of...
Section 34A-13-12 - Administrative, civil, injunctive, and criminal remedies allowed where pursued by department--Exhaustion of administrative remedies not required. - 34A-13-12. Administrative, civil, injunctive, and criminal remedies allowed where pursued...
Section 34A-13-12.1 - Administrative, civil, injunctive, and criminal remedies allowed where pursued by director--Exhaustion of administrative remedies not required. - 34A-13-12.1. Administrative, civil, injunctive, and criminal remedies allowed where pursued...
Section 34A-13-14 - Petroleum Release Compensation Board--Appointment of members--Terms. - 34A-13-14. Petroleum Release Compensation Board--Appointment of members--Terms. The Petroleum Release...
Section 34A-13-15 - Employment of staff--Costs and appropriations--Delegation of authority. - 34A-13-15. Employment of staff--Costs and appropriations--Delegation of authority. The board...
Section 34A-13-16 - Adoption of rules and procedures. - 34A-13-16. Adoption of rules and procedures. The board may adopt,...
Section 34A-13-16.1 - Training and testing of persons who perform services to be reimbursed. - 34A-13-16.1. Training and testing of persons who perform services to...
Section 34A-13-17 - Attachment of fund to Department of Agriculture and Natural Resources--Reimbursement of costs. - 34A-13-17. Attachment of fund to Department of Agriculture and Natural...
Section 34A-13-18 - Deposit and crediting of revenue. - 34A-13-18. Deposit and crediting of revenue. Revenue from the following...
Section 34A-13-20 - Petroleum release compensation and tank inspection fee--Amount of fee--Allocation of revenue. - 34A-13-20. Petroleum release compensation and tank inspection fee--Amount of fee--Allocation...
Section 34A-13-20.1 - Transfer of funds to and from state highway fund. - 34A-13-20.1. Transfer of funds to and from state highway fund....
Section 34A-13-22 - Payment of fee on monthly basis--Rules. - 34A-13-22. Payment of fee on monthly basis--Rules. The fee required...
Section 34A-13-23 - Audits of persons subject to fee. - 34A-13-23. Audits of persons subject to fee. The board may...
Section 34A-13-24 - Failure to pay fee as misdemeanor--Subsequent violation as felony. - 34A-13-24. Failure to pay fee as misdemeanor--Subsequent violation as felony....
Section 34A-13-25 - Notice of suspension of benefits--Notice to department--Appeal for reinstatement of benefits--Ratification of certain suspensions and reinstatements. - 34A-13-25. Notice of suspension of benefits--Notice to department--Appeal for reinstatement...
Section 34A-13-26 - Administration of provisions. - 34A-13-26. Administration of provisions. The requirements of chapter 1-26 govern...
Section 34A-13-27 - Fund expenditures. - 34A-13-27. Fund expenditures. Money in the fund may only be...
Section 34A-13-31 - Determination of cost as actual, reasonable, and not in excess of petroleum remediation requirements--Reduction for ineligible claims. - 34A-13-31. Determination of cost as actual, reasonable, and not in...
Section 34A-13-32 - Continuous appropriation to board for making reimbursements and other purposes--Submission of administrative budget for approval. - 34A-13-32. Continuous appropriation to board for making reimbursements and other...
Section 34A-13-33 - Liability of covered party not limited by reimbursement. - 34A-13-33. Liability of covered party not limited by reimbursement. The...
Section 34A-13-34 - Reimbursement paid to third party who performed cleanup not subject to attachment--Board and fund not subject to legal process, attachment. - 34A-13-34. Reimbursement paid to third party who performed cleanup not...
Section 34A-13-39 - Short title. - 34A-13-39. Short title. This chapter may be cited as the...
Section 34A-13-40 - Limits of reimbursement for corrective action and third party claims. - 34A-13-40. Limits of reimbursement for corrective action and third party...
Section 34A-13-41 - Reimbursement to licensed petroleum marketers and other tank owners. - 34A-13-41. Reimbursement to licensed petroleum marketers and other tank owners....
Section 34A-13-42 - Rules for amount, terms and period of third-party reimbursement. - 34A-13-42. Rules for amount, terms and period of third-party reimbursement....
Section 34A-13-44.1 - Third-party damages--Benefits intended in or on behalf of covered party. - 34A-13-44.1. Third-party damages--Benefits intended in or on behalf of covered...
Section 34A-13-45 - Damage prior to April 1, 1990. - 34A-13-45. Damage prior to April 1, 1990. No reimbursement may...
Section 34A-13-46 - Tanks at abandoned sites. - 34A-13-46. Tanks at abandoned sites. No reimbursement may be provided...
Section 34A-13-47 - Time limit for third-party claim. - 34A-13-47. Time limit for third-party claim. No action for recovery...
Section 34A-13-48 - Private insurance as risktaker--Annual report identifying potential companies. - 34A-13-48. Private insurance as risktaker--Annual report identifying potential companies. The...
Section 34A-13-49 - Abandoned tank removal program created--Eligibility for participation. - 34A-13-49. Abandoned tank removal program created--Eligibility for participation. There is...
Section 34A-13-50 - Scope of program. - 34A-13-50. Scope of program. Payments made from the director for...
Section 34A-13-52 - Department responsible for tank removal and corrective actions under program--Director to make payments from fund. - 34A-13-52. Department responsible for tank removal and corrective actions under...
Section 34A-13-53 - Promulgation of rules. - 34A-13-53. Promulgation of rules. The secretary of the Department of...
Section 34A-13-54 - Director to suspend payments except at high-risk sites when fund balance is two million dollars or less. - 34A-13-54. Director to suspend payments except at high-risk sites when...
Chapter 15 - Limitation On Liability Of Lenders For Environmental Damage
Section 34A-15-1 - Legislative findings. - 34A-15-1. Legislative findings. The Legislature hereby finds, and declare to...
Section 34A-15-2 - Definition of terms. - 34A-15-2. Definition of terms. Terms used in this chapter mean:...
Section 34A-15-3 - Determination of owner or operator. - 34A-15-3. Determination of owner or operator. No person, partnership, limited...
Section 34A-15-4 - Limitation on third-party liability for damage to property--Vesting of title. - 34A-15-4. Limitation on third-party liability for damage to property--Vesting of...
Section 34A-15-5 - Conditions of limitations--Efforts to resell property. - 34A-15-5. Conditions of limitations--Efforts to resell property. No lender-owner or...
Section 34A-15-6 - Exclusion for liability expressly created under federal or state laws. - 34A-15-6. Exclusion for liability expressly created under federal or state...
Section 34A-15-6.1 - State brownfields revitalization and economic development program--Liability for costs of a response action or remediation--Limitation. - 34A-15-6.1. State brownfields revitalization and economic development program--Liability for costs...
Section 34A-15-7 - Effective date. - 34A-15-7. Effective date. This chapter applies to civil actions filed...
Chapter 16 - Regional Recycling And Waste Management Districts
Section 34A-16-1 - Creation of a regional recycling and waste management district. - 34A-16-1. Creation of a regional recycling and waste management district....
Section 34A-16-2 - Notice of public hearing. - 34A-16-2. Notice of public hearing. No county or municipality may...
Section 34A-16-3 - Governing body--Composition--Terms--Vacancy. - 34A-16-3. Governing body--Composition--Terms--Vacancy. The governing body of the regional recycling...
Section 34A-16-4 - Articles of incorporation. - 34A-16-4. Articles of incorporation. Upon the appointment and qualification of...
Section 34A-16-5 - Actions involving the validity or enforcement of any contract. - 34A-16-5. Actions involving the validity or enforcement of any contract....
Section 34A-16-6 - Amendment of articles of incorporation. - 34A-16-6. Amendment of articles of incorporation. The articles of incorporation...
Section 34A-16-7 - Powers of each district. - 34A-16-7. Powers of each district. The powers of each regional...
Section 34A-16-8 - Travel and subsistence expenses--Per diem. - 34A-16-8. Travel and subsistence expenses--Per diem. Each commissioner shall receive...
Section 34A-16-9 - Expansion of district. - 34A-16-9. Expansion of district. A regional recycling and waste management...
Section 34A-16-10 - Reduction in size of district. - 34A-16-10. Reduction in size of district. A regional recycling and...
Section 34A-16-11 - Expansion or reduction in size--Certified copy of governing resolution. - 34A-16-11. Expansion or reduction in size--Certified copy of governing resolution....
Section 34A-16-12 - County or municipality cooperation in the planning, construction, or operation of solid waste facilities. - 34A-16-12. County or municipality cooperation in the planning, construction, or...
Section 34A-16-13 - County or municipality contracts with district for provision of waste facilities and services--Terms. - 34A-16-13. County or municipality contracts with district for provision of...
Section 34A-16-14 - Powers of district. - 34A-16-14. Powers of district. A regional recycling and waste management...
Section 34A-16-15 - District's capacity to sue or be sued. - 34A-16-15. District's capacity to sue or be sued. A district...
Section 34A-16-16 - District's interest in real or personal property. - 34A-16-16. District's interest in real or personal property. A district...
Section 34A-16-17 - Application and acceptance of gifts, grants, or loans. - 34A-16-17. Application and acceptance of gifts, grants, or loans. The...
Section 34A-16-18 - Use of real or personal property--Tax exemption--Special assessments. - 34A-16-18. Use of real or personal property--Tax exemption--Special assessments. Any...
Section 34A-16-19 - Power to contract for operation and improvement of facilities. - 34A-16-19. Power to contract for operation and improvement of facilities....
Section 34A-16-20 - Establishment and collection of general rates and charges--Public hearing required--Publication of notice. - 34A-16-20. Establishment and collection of general rates and charges--Public hearing...
Section 34A-16-21 - Manner of billing and collecting--Discontinuance of service. - 34A-16-21. Manner of billing and collecting--Discontinuance of service. The rates...
Section 34A-16-22 - Incentives to reduce waste and separate recyclable materials. - 34A-16-22. Incentives to reduce waste and separate recyclable materials. A...
Section 34A-16-23 - Disposal of products and energy produced. - 34A-16-23. Disposal of products and energy produced. The district may...
Section 34A-16-24 - Joint-powers agreements. - 34A-16-24. Joint-powers agreements. The district may enter into joint-powers agreements...
Section 34A-16-25 - Authorized activities. - 34A-16-25. Authorized activities. The district may conduct research studies and...
Section 34A-16-26 - Insurance. - 34A-16-26. Insurance. The district may require any employee to obtain...
Section 34A-16-27 - Purchases. - 34A-16-27. Purchases. The provisions of chapter 5-18A apply to purchases...
Section 34A-16-28 - Issuance of revenue bonds--Payment--Revenues--Powers of commission. - 34A-16-28. Issuance of revenue bonds--Payment--Revenues--Powers of commission. A regional recycling...
Section 34A-16-29 - Issuance of bonds to pay for closure, postclosure, and contingency costs for responses to releases from facilities or to refund outstanding bonds. - 34A-16-29. Issuance of bonds to pay for closure, postclosure, and...
Section 34A-16-30 - Use of proceeds under § 34A-16-29 limited. - 34A-16-30. Use of proceeds under §34A-16-29 limited. The proceeds of...
Section 34A-16-31 - Solid waste management fund--Separate accounts--Audit requirements. - 34A-16-31. Solid waste management fund--Separate accounts--Audit requirements. Any district owning...
Section 34A-16-32 - Designation and reviewing authority defined. - 34A-16-32. Designation and reviewing authority defined. For purposes of this...
Section 34A-16-33 - Obtaining designation authority. - 34A-16-33. Obtaining designation authority. A regional recycling and waste management...
Section 34A-16-34 - Application of designation. - 34A-16-34. Application of designation. The designation may not apply to...
Section 34A-16-35 - Adoption of management plan--Designation plan--Requirements for designation plan. - 34A-16-35. Adoption of management plan--Designation plan--Requirements for designation plan. Before...
Section 34A-16-36 - Required evaluations for plan proposing designation to facilities. - 34A-16-36. Required evaluations for plan proposing designation to facilities. If...
Section 34A-16-37 - Certain waste under contract between hauler and different facility exempt during contract period--Exemption for certain electric generation facilities. - 34A-16-37. Certain waste under contract between hauler and different facility...
Section 34A-16-38 - Review and approval of designation plan. - 34A-16-38. Review and approval of designation plan. The district shall...
Section 34A-16-39 - Time limit to review plan--Requirements for approval. - 34A-16-39. Time limit to review plan--Requirements for approval. The reviewing...
Section 34A-16-40 - Procedure for adopting or amending designation ordinance--Hearing--Notice. - 34A-16-40. Procedure for adopting or amending designation ordinance--Hearing--Notice. A district...
Section 34A-16-41 - Contents of designation ordinance. - 34A-16-41. Contents of designation ordinance. The designation ordinance shall define...
Section 34A-16-42 - Designation ordinance exceptions for certain exempt materials. - 34A-16-42. Designation ordinance exceptions for certain exempt materials. The designation...
Section 34A-16-43 - Consistency of ordinance with plan--Effective date of designation--Challenging designation. - 34A-16-43. Consistency of ordinance with plan--Effective date of designation--Challenging designation....
Section 34A-16-44 - Notification of intent to own or operate facility. - 34A-16-44. Notification of intent to own or operate facility. Any...
Section 34A-16-45 - Penalty for violation of designation ordinance. - 34A-16-45. Penalty for violation of designation ordinance. Any person who...
Section 34A-16-46 - Processing and disposal of waste generated outside of district prohibited. - 34A-16-46. Processing and disposal of waste generated outside of district...
Section 34A-16-47 - Powers granted by chapter independent from other statutes. - 34A-16-47. Powers granted by chapter independent from other statutes. The...
Section 34A-16-48 - Entrance upon public and private lands to determine suitability of potential landfill site. - 34A-16-48. Entrance upon public and private lands to determine suitability...
Section 34A-16-49 - Legislative findings. - 34A-16-49. Legislative findings. The Legislature hereby finds that: (1)The high...
Chapter 17 - Uniform Environmental Covenants Act
Section 34A-17-1 - Short title. - 34A-17-1. Short title. This chapter may be cited as the...
Section 34A-17-2 - Definitions. - 34A-17-2. Definitions. In this chapter: (1)"Activity and use limitations," means...
Section 34A-17-3 - Nature of rights--Subordination of interests. - 34A-17-3. Nature of rights--Subordination of interests. (a) Any person, including...
Section 34A-17-4 - Content of environmental covenant. - 34A-17-4. Content of environmental covenant. (a) An environmental covenant must:...
Section 34A-17-5 - Validity--Effect on other instruments. - 34A-17-5. Validity--Effect on other instruments. (a) An environmental covenant that...
Section 34A-17-6 - Relationship to other land-use law. - 34A-17-6. Relationship to other land-use law. This chapter does not...
Section 34A-17-7 - Notice--Copy of covenant. - 34A-17-7. Notice--Copy of covenant. (a) A copy of an environmental...
Section 34A-17-8 - Recording. - 34A-17-8. Recording. (a) An environmental covenant and any amendment or...
Section 34A-17-9 - Duration--Amendment by court action. - 34A-17-9. Duration--Amendment by court action. (a) An environmental covenant is...
Section 34A-17-10 - Amendment or termination by consent. - 34A-17-10. Amendment or termination by consent. (a) An environmental covenant...
Section 34A-17-11 - Enforcement of covenant--Injunction or other equitable relief. - 34A-17-11. Enforcement of covenant--Injunction or other equitable relief. (a) A...
Section 34A-17-12 - Registry--Substitute notice. - 34A-17-12. Registry--Substitute notice. (a) The secretary of state shall establish...
Section 34A-17-13 - Uniformity of application and construction. - 34A-17-13. Uniformity of application and construction. In applying and construing...
Section 34A-17-14 - Relation to Electronic Signatures in Global and National Commerce Act. - 34A-17-14.Relation to Electronic Signatures in Global and National Commerce Act....
Chapter 18 - Oil Pipelines
Section 34A-18-1 - Definition of terms. - 34A-18-1. Definition of terms. Terms used in this chapter mean:...
Section 34A-18-2 - Oil spill response plan required. - 34A-18-2. Oil spill response plan required. Each crude oil pipeline...
Section 34A-18-3 - Updating of oil spill response plan. - 34A-18-3. Updating of oil spill response plan. Each crude oil...
Section 34A-18-4 - Consultation with department. - 34A-18-4. Consultation with department. Each crude oil pipeline operator shall...
Section 34A-18-5 - Time for submission of oil spill response plan. - 34A-18-5. Time for submission of oil spill response plan. Each...
Section 34A-18-6 - Review of oil spill response plan. - 34A-18-6. Review of oil spill response plan. Each crude oil...
Section 34A-18-7 - Modifications to oil spill response plan to be submitted. - 34A-18-7. Modifications to oil spill response plan to be submitted....
Section 34A-18-8 - Implementation of plan in the event of oil spill. - 34A-18-8. Implementation of plan in the event of oil spill....
Section 34A-18-9 - Reports regarding spill. - 34A-18-9. Reports regarding spill. Each crude oil pipeline operator that...