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Fourth 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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19-6-811, 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 health hazards.
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Property that at one time was contaminated but has been satisfactorily decontaminated according
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to procedures established by the Utah Solid and Hazardous Waste Control Board is not
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"contaminated."
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(4) "Hazardous materials" has the same meaning as "hazardous or dangerous materials"
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as that term is defined in Section
58-37d-3
. For purposes of this part, "hazardous materials" shall
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include illegally manufactured controlled substances.
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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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notices, hearings, and inspections, any local health department with regulations adopted in
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accordance with Title 26A, Local Health Authorities, may proceed under their own regulations
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pertaining to determinations concerning notices, hearings, and inspections.
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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 lawfully entered property and has reason to
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believe that property has been contaminated by hazardous materials related to the manufacturing
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or consumption of controlled substances, the agency shall report the suspected contamination to
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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) 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 is reason 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) continue the notice posted on the premises in accordance with Subsection (2)(a); 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) If the affected property is part of a multi-unit structure, notice shall only be posted at
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the entrance to the contaminated unit.
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(8) 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 local health officer shall only require that affected property be vacated and
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considered unfit for use. If the contaminated property is a unit in a multi-unit structure, only the
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contaminated unit may be ordered vacated.
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(3) 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 an immediate interest in the property. In
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addition, the order shall be posted in a conspicuous place on the property.
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(4) 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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(5) 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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(6) 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 20 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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(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 a certified 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.
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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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(7) The local health officer shall notify the Utah Solid and Hazardous Waste Control
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Board when a property has been decontaminated.
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Section 7.
Section
19-6-807
is enacted to read:
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19-6-807. Action by property owner.
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(1) Notwithstanding the provisions of Sections
19-6-805
and
19-6-806
, a property owner
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may take steps to arrange for the immediate decontamination of the property.
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(2) If a property owner indicates his intention to arrange for the immediate initial
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inspection and decontamination of the property by a certified contractor, the local health officer
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shall secure that intention in writing.
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(3) A statement signed by the property owner shall state that the owner:
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(a) is aware of the possible contamination of his property by the manufacture or use of
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controlled substances;
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(b) will cause the property to be initially inspected by a certified inspector;
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(c) will arrange for any decontamination considered necessary; and
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(d) will notify the local health officer upon completion of the decontamination and allow
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inspection of the premises in accordance with Section
19-6-806
.
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(4) The local health officer shall make the final determination that the property has been
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decontaminated.
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(5) If a property owner indicates his intent to have the property inspected and
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decontaminated under this section, the property shall be inspected and any decontamination work
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commenced within ten days. If work has not been started, the local health officer may inspect the
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premises under the provisions of Section
19-6-804
and proceed according to Section
19-6-805
.
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Section 8.
Section
19-6-808
is enacted to read:
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19-6-808. 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 notify all persons whose interest in the property is
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recorded in the records of the recorder's office of the county in which the property is located of its
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intent to take action with regard to the property. Notification shall be sent within seven days by
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certified mail, with return receipt requested.
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(4) 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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(5) 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 9.
Section
19-6-809
is enacted to read:
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19-6-809. Certification of contractors and inspectors -- Denial, suspension, or
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revocation of certificate -- Duties of Department of Health and Utah Solid and Hazardous
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Waste Control Board.
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(1) After July 1, 2001, an inspector or a contractor may not perform inspections,
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decontamination, demolition, or disposal work at a property determined to be contaminated under
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this part unless issued a 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 inspectors and
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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 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, inspectors and
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contractors and their employees on the essential elements in assessing and inspecting property used
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as an illegal drug 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,
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including preparation of work plans for decontamination; and
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(e) relevant federal and state regulations.
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(4) Upon successful completion of the training and testing, the inspector, contractor, or
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their employees shall be 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 Utah Solid and Hazardous Waste Control Board for the continued certification
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of the inspector, 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 Utah Solid and Hazardous Waste Control Board.
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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 Utah Solid and Hazardous
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Waste Control Board;
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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) Any contractor who violates any provision of this part, or any rule, order, certificate
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or other requirement issued or adopted under this part, is subject in a civil proceeding to the
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penalties found in Subsection
19-6-113
(2).
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(a) Except as provided in this Subsection (b), all penalties assessed and collected under
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authority of this section shall be deposited in the Illegal Drug Manufacturing and Storage Site
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Decontamination Loan Fund.
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(b) The Department of Environmental Quality may reimburse itself and local governments
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from monies collected from civil penalties for qualifying expenses incurred in administering the
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contractor certification program.
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(c) This provision does not limit authority of the State of Utah or its municipalities to
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prosecute any person for criminal violations of the laws of the State of Utah.
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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
19-6-810
.
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Section 10.
Section
19-6-810
is enacted to read:
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19-6-810. 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) penalties collected under the provisions of Section
19-6-809
;
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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 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.
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(8) Interest on loans shall be at the rate determined by the Utah Solid and Hazardous Waste
263
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, which may include provisions for sureties for the loans.
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Section 11.
Section
19-6-811
is enacted to read:
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19-6-811. 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 and local health officers shall promulgate rules and standards for carrying
273
out the provisions of Sections
19-6-809
and
19-6-810
in accordance with Title 63, Chapter 46a,
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Utah Administrative Rulemaking Act. All rules developed under this part shall be submitted to
275
local health officers for review and comment.
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(2) The Departments of Health and Environmental Quality shall provide technical
277
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 or storage
280
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 12.
Section
26A-1-114
is amended to read:
286
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
289
standards and regulations relating to public health and sanitation, including the plumbing code
290
adopted by the Division of Occupational and Professional Licensing under Section
58-56-4
and
291
under Title 26, Chapter 15a, Food Safety Manager Certification Act;
292
(b) establish, maintain, and enforce isolation and quarantine, and exercise physical control
293
over property and over individuals as the local health department finds necessary for the protection
294
of the public health;
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(c) establish and maintain medical, environmental, occupational, and other laboratory
296
services considered necessary or proper for the protection of the public health;
297
(d) establish and operate reasonable health programs or measures not in conflict with state
298
law that:
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(i) are necessary or desirable for the promotion or protection of the public health and the
300
control of disease; or
301
(ii) may be necessary to ameliorate the major risk factors associated with the major causes
302
of injury, sickness, death, and disability in the state;
303
(e) close theaters, schools, and other public places and prohibit gatherings of people when
304
necessary to protect the public health;
305
(f) abate nuisances or eliminate sources of filth [and], infectious and communicable
306
diseases affecting the public health, inspect and order the cleanup of contaminated property under
307
the provisions of Title 19, Chapter 6, Part 8, Illegal Drug Manufacturing and Storage Site
308
Decontamination Act, and bill the owner or other person in charge of the premises upon which this
309
nuisance occurs for the cost of abatement;
310
(g) make necessary sanitary and health investigations and inspections on its own initiative
311
or in cooperation with the Department of Health or Environmental Quality, or both, as to any
312
matters affecting the public health;
313
(h) (i) establish and collect appropriate fees;
314
(ii) accept, use, and administer all federal, state, or private donations or grants of funds,
315
property, services, or materials for public health purposes; and
316
(iii) make agreements not in conflict with state law that are conditional to receiving a
317
donation or grant;
318
(i) prepare, publish, and disseminate information necessary to inform and advise the public
319
concerning:
320
(i) the health and wellness of the population, specific hazards, and risk factors that may
321
adversely affect the health and wellness of the population; and
322
(ii) specific activities individuals and institutions can engage in to promote and protect the
323
health and wellness of the population;
324
(j) investigate the causes of morbidity and mortality;
325
(k) issue notices and orders necessary to carry out this part;
326
(l) conduct studies to identify injury problems, establish injury control systems, develop
327
standards for the correction and prevention of future occurrences, and provide public information
328
and instruction to special high risk groups;
329
(m) cooperate with boards created under Section
19-1-106
to enforce laws and rules within
330
the jurisdiction of the boards; and
331
(n) cooperate with the state health department, the Department of Corrections, the
332
Administrative Office of the Courts, the Division of Youth Corrections, and the Crime Victims
333
Reparations Board to conduct testing for HIV infection of convicted sexual offenders and any
334
victims of a sexual offense.
335
(2) The local health department shall:
336
(a) establish programs or measures to promote and protect the health and general wellness
337
of the people within the boundaries of the local health department;
338
(b) investigate infectious and other diseases of public health importance and implement
339
measures to control the causes of epidemic and communicable diseases and other conditions
340
significantly affecting the public health which may include involuntary testing of convicted sexual
341
offenders for the HIV infection pursuant to Section
76-5-502
and voluntary testing of victims of
342
sexual offenses for HIV infection pursuant to Section
76-5-503
;
343
(c) cooperate with the department in matters pertaining to the public health and in the
344
administration of state health laws; and
345
(d) coordinate implementation of environmental programs to maximize efficient use of
346
resources by developing with the Department of Environmental Quality a Comprehensive
347
Environmental Service Delivery Plan that:
348
(i) recognizes that the Department of Environmental Quality and local health departments
349
are the foundation for providing environmental health programs in the state;
350
(ii) delineates the responsibilities of the department and each local health department for
351
the efficient delivery of environmental programs using federal, state, and local authorities,
352
responsibilities, and resources;
353
(iii) provides for the delegation of authority and pass through of funding to local health
354
departments for environmental programs, to the extent allowed by applicable law, identified in the
355
plan, and requested by the local health department; and
356
(iv) is reviewed and updated annually.
357
(3) The local health department has the following duties regarding public and private
358
schools within its boundaries:
359
(a) enforce all ordinances, standards, and regulations pertaining to the public health of
360
persons attending public and private schools;
361
(b) exclude from school attendance any person, including teachers, who is suffering from
362
any communicable or infectious disease, whether acute or chronic, if the person is likely to convey
363
the disease to those in attendance;
364
(c) (i) make regular inspections of the health-related condition of all school buildings and
365
premises;
366
(ii) report the inspections on forms furnished by the department to those responsible for
367
the condition and provide instructions for correction of any conditions that impair or endanger the
368
health or life of those attending the schools; and
369
(iii) provide a copy of the report to the department at the time the report is made.
370
(4) If those responsible for the health-related condition of the school buildings and
371
premises do not carry out any instructions for corrections provided in a report in Subsection (3)(c),
372
the local health board shall cause the conditions to be corrected at the expense of the persons
373
responsible.
374
(5) The local health department may exercise incidental authority as necessary to carry out
375
the provisions and purposes of this part.
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