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Second Substitute H.B. 162
Representative A. Lamont Tyler proposes to substitute the following bill:
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STANDARDS FOR ILLEGAL DRUG LAB 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 UTAH SOLID AND HAZARDOUS WASTE
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CONTROL BOARD TO JOINTLY OVERSEE THE IDENTIFICATION AND CLEANUP OF
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CONTROLLED SUBSTANCES MANUFACTURING SITES; PROVIDING RULEMAKING
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AUTHORITY TO SET STANDARDS AND LICENSE CONTRACTORS FOR THE CLEANUP
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OF SITES; PROVIDING FOR INITIAL NOTIFICATION OF A SITE BY LAW
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ENFORCEMENT TO THE LOCAL HEALTH AUTHORITY; PROVIDING FOR LOCAL
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HEALTH AUTHORITY INSPECTIONS; CREATING AN ILLEGAL DRUG
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MANUFACTURING AND STORAGE SITE DECONTAMINATION LOAN FUND; AND
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MAKING TECHNICAL 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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19-6-810, 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 Utah Solid and
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Hazardous Waste Control Board as provided for in Section
19-6-808
.
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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 Utah Solid and Hazardous Waste Control Board 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) "Health 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. Local Health Authority Regulations.
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Notwithstanding the procedures in this chapter with regard to determinations concerning
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contamination, notices, hearings, and inspections, any local health department with regulations
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adopted in accordance with Title 26A, Local Health Authorities, may proceed under their own
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regulations.
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Section 4.
Section
19-6-804
is enacted to read:
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19-6-804. 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 related to the manufacturing and consumption of
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controlled substances, the agency shall report the suspected contamination to the local health
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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) cause the property to be inspected within 14 days after receiving notice of suspected
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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 a reasonable fee to cover the costs of inspections of
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property requested 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 Utah Solid and Hazardous Waste Control Board shall keep a list of contaminated
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properties and make the list available upon request to health associations, landlord and realtor
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organizations, prosecutors, and other interested parties. The list shall be promptly updated to
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remove those properties which have been decontaminated according to provisions of this part.
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Section 5.
Section
19-6-805
is enacted to read:
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19-6-805. Unfit for use -- Notice -- Hearing.
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(1) If, after inspection of the property, the local health officer determines that it is
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contaminated, the property shall be considered unfit for use. The local health officer shall issue
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an order 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) The order shall contain a notice that a hearing before the local health board shall be
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held upon the request of a person required 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 considered to be
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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 local health officer has
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the burden of showing that the property is contaminated or unfit 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 officer within 30 days from the date of service of the order. All
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proceedings before the board, including any subsequent appeals to the district court, shall be
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governed by procedures established in accordance with Title 63, Chapter 46b, Administrative
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Procedures Act.
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Section 6.
Section
19-6-806
is enacted to read:
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19-6-806. Notice to local health officer -- Decontamination by owner -- Requirements.
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(1) An owner or any person having an interest in the contaminated property shall notify
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the local health officer of his intent to have the property decontaminated. Notification shall be
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made in writing within 30 days of receipt of the order issued pursuant to Subsection
19-6-805
(1),
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unless the order is appealed. In the event the order is appealed, the 30-day notification period shall
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run from the date of the final order.
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(2) The services of an authorized contractor shall be used to decontaminate the property.
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(3) The contractor shall prepare and submit a written work plan for decontamination to the
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health officer for review and approval. The health officer may request assistance from the
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Department of Environmental Quality in reviewing any plans submitted.
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(4) The health officer may charge a reasonable fee to cover the costs of review and
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approval of the work plan.
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(5) 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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(6) 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 7.
Section
19-6-807
is enacted to read:
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19-6-807. 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 have been exhausted.
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Section 8.
Section
19-6-808
is enacted to read:
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19-6-808. Certification of contractors -- Denial, suspension, or revocation of
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certificate -- Duties of Department of Health and Utah Solid and Hazardous Waste Control
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Board.
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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 Utah Solid and Hazardous Waste Control Board.
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(2) The Utah Solid and Hazardous Waste Control Board in consultation with the
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Department of Health shall establish performance and certification standards for contractors by
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rule in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
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(3) The Utah Solid and Hazardous Waste Control Board in consultation with the
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Department of Health shall train and test, or may approve courses to train and test, contractors and
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their employees on the essential elements in assessing property used as an illegal drug
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manufacturing or storage site 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 Utah Solid and Hazardous Waste Control Board in consultation with the
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Department of Health may require the successful completion of annual refresher courses provided
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or approved by the departments for the continued certification of the contractor or employee.
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(6) (a) The Utah Solid and Hazardous Waste Control Board shall provide for reciprocal
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certification of any individual trained to engage in decontamination, demolition, or disposal work
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in another state when the prior training is shown to be substantially similar to the training required
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by the department.
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(b) The Utah Solid and Hazardous Waste Control Board may require individuals to take
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an examination or refresher course before certification.
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(7) The Utah Solid and Hazardous Waste Control Board may deny, suspend, or revoke a
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certificate for failure to comply with the requirements of this part or any rule adopted pursuant to
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this part. A certificate 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;
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(e) failure to properly dispose of contaminated materials; or
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(f) the certificate was obtained by error, misrepresentation, or fraud.
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(8) A contractor who violates any provision of this part shall be subject to the penalties
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found in Section
19-1-303
.
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(9) The Utah Solid and Hazardous Waste Control Board shall set fees in accordance with
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Section
63-38-3.2
for the issuance and renewal of certificates, the administration of examinations,
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and for the review of training courses.
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(10) Fees collected under Subsection (9) shall be deposited in the General Fund as
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dedicated credits to be used by the Department of Environmental Quality in the administration of
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Section
19-6-808
.
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Section 9.
Section
19-6-809
is enacted to read:
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19-6-809. Illegal Drug Manufacturing and Storage Site Decontamination Loan Fund.
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(1) There is created a revolving loan fund known as the State Illegal Drug Manufacturing
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and Storage Site Decontamination Loan Fund.
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(2) The fund shall consist of:
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(a) fines collected under the provisions of Section
19-6-808
;
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(b) direct appropriations by the Legislature; and
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(c) repayments and interest or penalties on loans from the account to property owners to
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help with environmental decontamination under the provisions of this part.
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(3) The fund shall be used to make loans to property owners to decontaminate property as
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required in this part.
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(4) The Utah Solid and Hazardous Waste Control Board shall administer the fund.
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(5) The Utah Solid and Hazardous Waste Control Board shall make rules for authorizing
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loans from the fund.
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(6) Loans may only be made to the property owner for the cost of inspection and clean up
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of contaminated residential property as required in Section
19-6-806
.
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(7) Loans may not be made to the owner of the property if the owner knew of or
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participated in the activity that resulted in the contamination of the property. A determination by
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a prosecutor not to charge the owner or a finding of not guilty by a court of the owner of charges
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stemming from the discovery of the source of the contamination may indicate that the owner did
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not know or participate in the activity that resulted in the contamination of the property.
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(8) Interest on loans shall be at the rate determined by the Utah Solid and Hazardous Waste
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Control Board and shall be set at rates necessary to cover administrative costs and protect the fund
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from depletion. Interest rates may be set below commercial lending rates.
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(9) The Division of Finance shall account for and track all outstanding loans under this
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section as required in Section
63-65-4
.
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(10) Administrative costs for the loan processing and accounting may be paid from the
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fund.
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Section 10.
Section
19-6-810
is enacted to read:
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19-6-810. Rules and standards -- Authority to develop.
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(1) The Utah Solid and Hazardous Waste Control Board in consultation with the
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Department of Health shall promulgate rules and standards for carrying out the provisions of this
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part in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act. All rules
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developed under this part shall be submitted to local health officers for review and comment.
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(2) The Departments of Health and Environmental Quality shall provide technical
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assistance to local health boards and officers to carry out their duties under this part.
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(3) The Utah Solid and Hazardous Waste Control Board 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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(4) All rules developed under this part shall be consistent with other state and federal
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environmental requirements.
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Section 11.
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
335
the provisions and purposes of this part.
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