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H.B. 162
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STANDARDS FOR ILLEGAL DRUG LAB
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DECONTAMINATION
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: A. Lamont Tyler
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AN ACT RELATING TO ENVIRONMENTAL QUALITY; CREATING THE ILLEGAL DRUG
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MANUFACTURING AND STORAGE SITE DECONTAMINATION ACT; PROVIDING FOR
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THE DEPARTMENT OF HEALTH AND THE DEPARTMENT OF ENVIRONMENTAL
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QUALITY TO JOINTLY OVERSEE THE IDENTIFICATION AND CLEANUP OF
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CONTROLLED SUBSTANCES MANUFACTURING SITES; PROVIDING RULEMAKING
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AUTHORITY FOR THE DEPARTMENT OF HEALTH TO SET STANDARDS AND LICENSE
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CONTRACTORS FOR THE CLEANUP OF SITES; PROVIDING FOR INITIAL
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NOTIFICATION OF A SITE BY LAW ENFORCEMENT TO THE LOCAL HEALTH
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AUTHORITY; PROVIDING FOR LOCAL HEALTH AUTHORITY INSPECTIONS;
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CREATING AN ILLEGAL DRUG MANUFACTURING AND STORAGE SITE
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DECONTAMINATION FUND WITHIN THE GENERAL FUND; AND MAKING TECHNICAL
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CORRECTIONS.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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26A-1-114, as last amended by Chapter 345, Laws of Utah 1998
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ENACTS:
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19-6-801, Utah Code Annotated 1953
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19-6-802, Utah Code Annotated 1953
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19-6-803, Utah Code Annotated 1953
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19-6-804, Utah Code Annotated 1953
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19-6-805, Utah Code Annotated 1953
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19-6-806, Utah Code Annotated 1953
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19-6-807, Utah Code Annotated 1953
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19-6-808, Utah Code Annotated 1953
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19-6-809, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
19-6-801
is enacted to read:
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Part 8. Illegal Drug Manufacturing and Storage Site Decontamination Act
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19-6-801. Title.
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This part is known as the "Illegal Drug Manufacturing and Storage Site Decontamination
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Act."
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Section 2.
Section
19-6-802
is enacted to read:
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19-6-802. Definitions.
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As used in this part:
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(1) "Authorized contractor" means a person who decontaminates, demolishes, or disposes
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of contaminated property as required by this part and who is certified by the Department of Health
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as provided for in Section
19-6-807
.
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(2) "Board" means a local board of health as established under Section
26A-1-109
.
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(3) "Contaminated" or "contamination" means polluted by hazardous materials so that the
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property is unfit for human habitation or use due to immediate or long-term hazards. Property that
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at one time was contaminated but has been satisfactorily decontaminated according to procedures
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established by the Department of Health is not "contaminated."
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(4) "Hazardous materials" has the same meaning as "hazardous and dangerous materials"
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as that term is defined in Section
58-37d-3
.
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(5) "Officer" means a local health officer authorized under Title 26A, Local Health
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Authorities.
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(6) "Property" means any property, site, structure, part of a structure, or the grounds
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surrounding the structure which is involved in the unauthorized manufacture or storage of
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hazardous materials. This includes but is not limited to single-family residences, units of
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multiplexes, condominiums, apartment buildings, hotels, motels, boats, motor vehicles, trailers,
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manufactured housing, or any shop, or booth.
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Section 3.
Section
19-6-803
is enacted to read:
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19-6-803. Reporting -- Notice -- Duties of local health officer.
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(1) Whenever a law enforcement agency has probable cause to believe that property has
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been contaminated by hazardous materials, the agency shall report the suspected contamination
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to the local health officer within 24 hours.
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(2) The local health officer shall:
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(a) cause a notice to be posted on the premises immediately upon being notified of the
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suspected contamination;
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(b) notify the Department of Health and the Department of Environmental Quality of his
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actions; and
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(c) inspect the property within 14 days after receiving notice of suspected contamination.
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(3) If a property owner believes that a tenant has contaminated property that was being
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leased or rented, and the property is vacated or abandoned, the property owner shall contact the
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local health officer about the suspected contamination.
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(4) Local health officers may charge reasonable fees for inspections of property requested
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by property owners.
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(5) After having received notice pursuant to Subsection (1), and notwithstanding Section
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26A-1-113
, a local health officer may enter, inspect, and survey at reasonable times any properties
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for which there are reasonable grounds to believe that the property has become contaminated.
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(6) If property is determined to be contaminated, the local health officer shall:
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(a) post a notice on the premises; and
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(b) report the contaminated property to the Department of Health and Department of
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Environmental Quality.
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(7) The Department of Health shall keep a list of contaminated properties and make the
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list available upon request to health associations, landlord and realtor organizations, prosecutors,
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and other interested parties. The list shall be promptly updated to remove those properties which
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have been decontaminated according to provisions of this part.
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Section 4.
Section
19-6-804
is enacted to read:
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19-6-804. Unfit for use -- Notice -- Hearing.
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(1) If, after inspection of the property, the local health officer finds that it is contaminated,
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the property shall be considered unfit for use. The local health officer shall issue an order
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requiring that the property be vacated and prohibiting use of the property.
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(2) The order shall be served either personally or by certified mail, with return receipt
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requested, upon all occupants and persons having any interest in the property, as shown by the
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records of the recorder's office of the county in which the property is located. In addition, the order
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shall be posted in a conspicuous place on the property.
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(3) If the whereabouts of the persons is unknown and cannot be ascertained by the local
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health officer in the exercise of reasonable diligence, and the health officer makes an affidavit to
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that effect, then the serving of the order upon those persons may be made either by personal service
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or by mailing a copy of the order by certified mail, postage prepaid, return receipt requested, to
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each person at the address appearing on the last equalized tax assessment roll of the county where
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the property is located or at the address known to the county assessor. The order shall be posted
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conspicuously at the residence.
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(4) A copy of the order shall also be mailed, addressed to each person or party having a
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recorded right, title, estate, lien, or interest in the property. The order shall contain a notice that
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a hearing before the local health board or officer shall be held upon the request of a person required
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to be notified of the order under this section.
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(5) The request for a hearing must be made within ten days of serving the order. The
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hearing shall then be held not less than ten days nor more than 30 days after the request for a
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hearing is made. The officer shall prohibit use as long as the property is found to be contaminated.
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(6) A copy of the order shall also be filed with the recorder of the county in which the
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property is located, and the filing of the complaint or order shall have the same force and effect
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as other lis pendens notices provided by law.
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(7) In any hearing concerning whether property is fit for use, the property owner has the
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burden of showing that the property is decontaminated or fit for use.
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(8) The owner or any person having an interest in the property may file an appeal on any
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order issued by the local health board or officer within 30 days from the date of service of the
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order. All proceedings before the appeals commission, including any subsequent appeals to the
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district court, shall be governed by procedures established in accordance with Title 63, Chapter
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46b, Administrative Procedures Act.
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Section 5.
Section
19-6-805
is enacted to read:
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19-6-805. Notice to local health officer -- Decontamination by owner -- Requirements.
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(1) An owner of contaminated property shall notify the local health officer of his intent to
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have the property decontaminated. Notification shall be made in writing within 30 days of receipt
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of the order issued pursuant to Subsection
19-6-804
(1), unless the order is appealed. In the event
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the order is appealed, the 30-day notification period shall run from the date of the final order.
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(2) The owner shall use the services of an authorized contractor to decontaminate the
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property.
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(3) The contractor shall prepare and submit a written work plan for decontamination to the
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local health officer for review and approval. The local health officer may charge a reasonable fee
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for review and approval of the work plan.
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(4) The health officer shall allow reuse of the property if the work plan is approved, the
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decontamination is completed, and the property is reinspected according to the plan and properly
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documented.
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(5) A notice shall be recorded in the real property records if applicable, indicating the
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property has been decontaminated in accordance with requirements of this part.
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Section 6.
Section
19-6-806
is enacted to read:
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19-6-806. Municipality or county options.
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(1) If the local health officer does not receive the notice required by Subsection
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19-6-805
(1) or the owner notifies him that he intends to abandon the property, the local health
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officer shall notify the municipality, or county for unincorporated areas, in which the contaminated
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property is located within 24 hours.
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(2) The municipality or county may take action to condemn, decontaminate, or demolish
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the property.
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(3) The municipality or county shall use an authorized contractor if property is
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decontaminated, demolished, or removed under this section.
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(4) A municipality or county may not condemn, decontaminate, or demolish property
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pursuant to this section until all procedures granting the right of notice and the opportunity to
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appeal in Section
19-6-804
have been exhausted.
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Section 7.
Section
19-6-807
is enacted to read:
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19-6-807. Certification of contractors -- Denial, suspension, or revocation of
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certificate -- Duties of Department of Health.
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(1) After January 1, 2001, a contractor may not perform decontamination, demolition, or
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disposal work at a property determined to be contaminated under this part unless issued a
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certificate by the Department of Health.
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(2) The Department of Health shall establish performance and certification standards for
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contractors by rule in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
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Act.
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(3) The Department of Health, with input from the Department of Environmental Quality,
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shall train and test, or may approve courses to train and test, contractors and their employees on
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the essential elements in assessing property used as an illegal drug manufacturing or storage site
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to determine:
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(a) hazard reduction measures needed;
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(b) techniques for adequately reducing contaminants;
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(c) use of personal protective equipment;
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(d) methods for proper demolition, removal, and disposal of contaminated property; and
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(e) relevant federal and state regulations.
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(4) Upon successful completion of the training, the contractor or employee shall be
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certified.
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(5) The Department of Health may require the successful completion of annual refresher
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courses provided or approved by the department for the continued certification of the contractor
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or employee.
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(6) (a) The Department of Health shall provide for reciprocal certification of any individual
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trained to engage in decontamination, demolition, or disposal work in another state when the prior
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training is shown to be substantially similar to the training required by the department.
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(b) The department may require individuals to take an examination or refresher course
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before certification.
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(7) The Department of Health may deny, suspend, or revoke a certificate for failure to
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comply with the requirements of this part or any rule adopted pursuant to this part. A certificate
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may be denied, suspended, or revoked on any of the following grounds:
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(a) failure to perform decontamination, demolition, or disposal work under the supervision
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of trained personnel;
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(b) failure to file a work plan;
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(c) failure to perform work pursuant to the approved work plan;
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(d) failure to perform work that meets the requirements of the department; or
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(e) the certificate was obtained by error, misrepresentation, or fraud.
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(8) A contractor who violates any provision of this part may be assessed a fine not to
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exceed $500 for each violation.
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(9) The Department of Health shall set fees for the issuance and renewal of certificates,
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the administration of examinations, and for the review of training courses.
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Section 8.
Section
19-6-808
is enacted to read:
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19-6-808. Illegal Drug Manufacturing and Storage Site Decontamination Fund --
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Creation.
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(1) There is created within the General Fund a restricted account known as the State Illegal
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Drug Manufacturing and Storage Site Decontamination Account.
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(2) Funds which shall be deposited in this account include:
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(a) fees and fines collected under the provisions of Section
19-6-807
;
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(b) direct appropriations by the Legislature; and
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(c) repayments and interest on loans from the account to property owners to help with
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environmental decontamination under the provisions of this part.
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(3) Moneys in the account may only be spent after appropriation for costs incurred by the
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Department of Health in the administration and enforcement of this part.
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Section 9.
Section
19-6-809
is enacted to read:
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19-6-809. Rules and standards -- Authority to develop.
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(1) The Department of Health, in conjunction with the Department of Environmental
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Quality, and with input from local health departments, shall promulgate rules and standards for
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carrying out the provisions of this part in accordance with Title 63, Chapter 46a, Utah
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Administrative Rulemaking Act.
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(2) The Department of Health shall provide technical assistance to local health boards and
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officers to carry out their duties under this part.
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(3) The Department of Health, in conjunction with the Department of Environmental
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Quality, and with input from local health departments, shall develop:
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(a) guidelines for decontamination of property used as a drug manufacturing and storage
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site; and
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(b) methods for the testing of ground water, surface water, soil, and septic tanks for
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contamination.
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Section 10.
Section
26A-1-114
is amended to read:
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26A-1-114. Powers and duties of departments.
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(1) A local health department may:
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(a) enforce state laws, local ordinances, department rules, and local health department
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standards and regulations relating to public health and sanitation, including the plumbing code
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adopted by the Division of Occupational and Professional Licensing under Section
58-56-4
and
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under Title 26, Chapter 15a, Food Safety Manager Certification Act;
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(b) establish, maintain, and enforce isolation and quarantine, and exercise physical control
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over property and over individuals as the local health department finds necessary for the protection
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of the public health;
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(c) establish and maintain medical, environmental, occupational, and other laboratory
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services considered necessary or proper for the protection of the public health;
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(d) establish and operate reasonable health programs or measures not in conflict with state
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law that:
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(i) are necessary or desirable for the promotion or protection of the public health and the
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control of disease; or
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(ii) may be necessary to ameliorate the major risk factors associated with the major causes
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of injury, sickness, death, and disability in the state;
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(e) close theaters, schools, and other public places and prohibit gatherings of people when
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necessary to protect the public health;
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(f) abate nuisances or eliminate sources of filth [and], infectious and communicable
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diseases affecting the public health, inspect and order the cleanup of contaminated property under
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the provisions of Title 19, Chapter 6, Part 8, Illegal Drug Manufacturing and Storage Site
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Decontamination Act, and bill the owner or other person in charge of the premises upon which this
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nuisance occurs for the cost of abatement;
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(g) make necessary sanitary and health investigations and inspections on its own initiative
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or in cooperation with the Department of Health or Environmental Quality, or both, as to any
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matters affecting the public health;
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(h) (i) establish and collect appropriate fees;
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(ii) accept, use, and administer all federal, state, or private donations or grants of funds,
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property, services, or materials for public health purposes; and
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(iii) make agreements not in conflict with state law that are conditional to receiving a
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donation or grant;
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(i) prepare, publish, and disseminate information necessary to inform and advise the public
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concerning:
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(i) the health and wellness of the population, specific hazards, and risk factors that may
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adversely affect the health and wellness of the population; and
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(ii) specific activities individuals and institutions can engage in to promote and protect the
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health and wellness of the population;
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(j) investigate the causes of morbidity and mortality;
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(k) issue notices and orders necessary to carry out this part;
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(l) conduct studies to identify injury problems, establish injury control systems, develop
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standards for the correction and prevention of future occurrences, and provide public information
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and instruction to special high risk groups;
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(m) cooperate with boards created under Section
19-1-106
to enforce laws and rules within
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the jurisdiction of the boards; and
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(n) cooperate with the state health department, the Department of Corrections, the
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Administrative Office of the Courts, the Division of Youth Corrections, and the Crime Victims
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Reparations Board to conduct testing for HIV infection of convicted sexual offenders and any
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victims of a sexual offense.
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(2) The local health department shall:
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(a) establish programs or measures to promote and protect the health and general wellness
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of the people within the boundaries of the local health department;
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(b) investigate infectious and other diseases of public health importance and implement
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measures to control the causes of epidemic and communicable diseases and other conditions
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significantly affecting the public health which may include involuntary testing of convicted sexual
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offenders for the HIV infection pursuant to Section
76-5-502
and voluntary testing of victims of
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sexual offenses for HIV infection pursuant to Section
76-5-503
;
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(c) cooperate with the department in matters pertaining to the public health and in the
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administration of state health laws; and
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(d) coordinate implementation of environmental programs to maximize efficient use of
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resources by developing with the Department of Environmental Quality a Comprehensive
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Environmental Service Delivery Plan that:
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(i) recognizes that the Department of Environmental Quality and local health departments
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are the foundation for providing environmental health programs in the state;
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(ii) delineates the responsibilities of the department and each local health department for
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the efficient delivery of environmental programs using federal, state, and local authorities,
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responsibilities, and resources;
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(iii) provides for the delegation of authority and pass through of funding to local health
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departments for environmental programs, to the extent allowed by applicable law, identified in the
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plan, and requested by the local health department; and
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(iv) is reviewed and updated annually.
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(3) The local health department has the following duties regarding public and private
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schools within its boundaries:
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(a) enforce all ordinances, standards, and regulations pertaining to the public health of
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persons attending public and private schools;
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(b) exclude from school attendance any person, including teachers, who is suffering from
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any communicable or infectious disease, whether acute or chronic, if the person is likely to convey
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the disease to those in attendance;
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(c) (i) make regular inspections of the health-related condition of all school buildings and
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premises;
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(ii) report the inspections on forms furnished by the department to those responsible for
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the condition and provide instructions for correction of any conditions that impair or endanger the
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health or life of those attending the schools; and
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(iii) provide a copy of the report to the department at the time the report is made.
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(4) If those responsible for the health-related condition of the school buildings and
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premises do not carry out any instructions for corrections provided in a report in Subsection (3)(c),
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the local health board shall cause the conditions to be corrected at the expense of the persons
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responsible.
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(5) The local health department may exercise incidental authority as necessary to carry out
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the provisions and purposes of this part.
Legislative Review Note
as of 10-21-99 9:57 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.
Office of Legislative Research and General Counsel
Committee Note
The Health and Human Services Interim Committee recommended this bill.
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