Organization

Utah Code tit. 19, ch. 19-1, pt. 19-1-P1

in effect

Utah Code § 19-1-102 Purposes.

19-1-102. Purposes. The purpose of this title is to: (1) clarify the powers and duties of the Department of Environmental Quality in relationship to local health departments; (2) provide effective, coordinated management of state environmental concerns; (3) safeguard public health and quality of life by protecting and improving environmental quality while considering the benefits to public health, the impacts on economic development, property, wildlife, tourism, business, agriculture, forests, and other interests, and the costs to the public and to industry; (4) strengthen local health departments' environmental programs; (5) promote coordination and cooperation between the Department of Environmental Quality and local health departments; (6) build consensus among the public, industry, and local governments in developing environmental protection goals; and (7) appropriately balance the need for environmental protection with the need for economic and industrial development. Amended by Chapter 156, 2025 General Session

Utah Code § 19-1-103 Definitions.

19-1-103. Definitions. As used in this title: (1) "Department" means the Department of Environmental Quality. (2) "Executive director" means the executive director of the department appointed pursuant to Section 19-1-104. (3) "Local health department" means a local health department as defined in Title 26A, Chapter 1, Part 1, Local Health Department Act. (4) "Person" means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. Enacted by Chapter 112, 1991 General Session

Utah Code § 19-1-104 Creation of department -- Appointment of executive director.

19-1-104. Creation of department -- Appointment of executive director. (1) There is created within state government the Department of Environmental Quality. The department shall be administered by an executive director. (2) The executive director shall be appointed by the governor with the advice and consent of the Senate and shall serve at the pleasure of the governor. (3) The executive director shall have demonstrated the necessary administrative and professional ability through education and experience to efficiently and effectively manage the department's affairs. (4) The Legislature shall fix the compensation of the executive director in accordance with Title 67, Chapter 22, State Officer Compensation. Amended by Chapter 352, 2020 General Session

Utah Code § 19-1-105 Divisions of department -- Control by division directors.

19-1-105. Divisions of department -- Control by division directors. (1) The following divisions are created within the department: (a) the Division of Air Quality, to administer: (i) Chapter 2, Air Conservation Act; and (ii) Chapter 2a, Air Quality - Special Provisions; (b) the Division of Drinking Water, to administer Chapter 4, Safe Drinking Water Act; (c) the Division of Environmental Response and Remediation, to administer: (i) Chapter 6, Part 3, Hazardous Substances Mitigation Act; and (ii) Chapter 6, Part 4, Petroleum Storage Tank Act; (d) the Division of Waste Management and Radiation Control, to administer: (i) Chapter 3, Radiation Control Act; (ii) Chapter 6, Part 1, Solid and Hazardous Waste Act; (iii) Chapter 6, Part 2, Hazardous Waste Facility Siting Act; (iv) Chapter 6, Part 5, Solid Waste Management Act; (v) Chapter 6, Part 6, Lead Acid Battery Disposal; (vi) Chapter 6, Part 7, Used Oil Management Act; (vii) Chapter 6, Part 8, Waste Tire Recycling Act; (viii) Chapter 6, Part 11, Industrial Byproduct Reuse; (ix) Chapter 6, Part 12, Disposal of Electronic Waste Program; and (x) Chapter 6, Part 13, Testing and Disposal of Solar Panel Waste; and (e) the Division of Water Quality, to administer Chapter 5, Water Quality Act. (2) Each division is under the immediate direction and control of a division director appointed by the executive director. (3) (a) A division director shall possess the administrative skills and training necessary to perform the duties of division director. (b) A division director shall hold one of the following degrees from an accredited college or university: (i) a four-year degree in physical or biological science or engineering; (ii) a related degree; or (iii) a degree in law. (4) The executive director may remove a division director at will. (5) A division director shall serve as the executive secretary to the policymaking board, created in Section 19-1-106, that has rulemaking authority over the division director's division. Amended by Chapter 419, 2026 General Session

Utah Code § 19-1-106 Boards within department.

19-1-106. Boards within department. (1) The following policymaking boards are created within the department: (a) the Air Quality Board, appointed under Section 19-2-103; (b) the Drinking Water Board, appointed under Section 19-4-103; (c) the Water Quality Board, appointed under Section 19-5-103; and (d) the Waste Management and Radiation Control Board, appointed under Section 19-6-103. (2) The authority of the boards created in Subsection (1) is limited to the specific authority granted them under this title. (3) A vacancy that occurs during an expired term in a board described in Subsection (1) shall be filled in accordance with Title 63G, Chapter 24, Part 2, Vacancies. Amended by Chapter 256, 2020 General Session Amended by Chapter 373, 2020 General Session

Utah Code § 19-1-108 Environmental Quality Restricted Account.

19-1-108. Environmental Quality Restricted Account. (1) There is created the Environmental Quality Restricted Account. (2) The sources of money for the Environmental Quality Restricted Account are: (a) radioactive waste disposal fees collected under Sections 19-3-106 and 19-3-106.4 and other fees collected under Subsection 19-3-104(5) or 19-3-104(6); (b) hazardous waste disposal fees collected under Section 19-6-118; (c) PCB waste disposal fees collected under Section 19-6-118.5; (d) nonhazardous solid waste fees collected under Section 19-6-119; and (e) the investment income derived from money in the Environmental Quality Restricted Account. (3) In each fiscal year the balance of the money collected from the waste disposal fees listed in Subsection (2), collectively, shall be deposited into the Environmental Quality Restricted Account. (4) The Legislature may annually appropriate money from the Environmental Quality Restricted Account to the department for the costs of administering: (a) radiation control programs; and (b) solid and hazardous waste programs. (5) Each fiscal year beginning on or after July 1, 2018, and ending on or before June 30, 2022, the Division of Finance shall transfer $200,000 from the Environmental Quality Restricted Account to the Hazardous Substances Mitigation Fund, to provide money to: (a) meet the state's cost share requirements for cleanup under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Sec. 9601 et seq. as amended; and (b) respond to an emergency as provided in Section 19-6-309. (6) After the requirements of Subsection (3) are met, sources of money for the Environmental Quality Restricted Account described in Subsection (2)(a) may only be used for the purpose described in Subsection (4)(a). (7) To stabilize funding for the radiation control programs and the solid and hazardous waste programs, the Legislature shall in years of excess revenues reserve in the Environmental Quality Restricted Account sufficient money to meet departmental needs in years of projected shortages. (8) The Legislature may not appropriate money from the General Fund to the department as a supplemental appropriation to cover the costs of the radiation control programs and the solid and hazardous waste programs in an amount exceeding 25% of the amount of waste disposal fees collected during the most recent prior fiscal year. (9) Money appropriated under this part that is not expended at the end of the fiscal year lapses into the Environmental Quality Restricted Account. (10) (a) The balance in the Environmental Quality Restricted Account may not exceed $4,000,000 above the anticipated revenue need for the money in the Environmental Quality Restricted Account for the fiscal year. (b) Excess funds under Subsection (10)(a) shall be credited on a proportionate basis to each person who paid money to the Environmental Quality Restricted Account in the previous fiscal year. Amended by Chapter 492, 2026 General Session

Utah Code § 19-1-110 Department discussions with the Federalism Commission.

19-1-110. Department discussions with the Federalism Commission. (1) As used in this section, "commission" means the Federalism Commission created in Section 63C-4a-302. (2) The department shall meet with the commission as scheduled by the chairs of the commission and consistent with the usual schedule of the commission. (3) The commission may discuss with the department: (a) needs of industries that are subject to regulation under this title; (b) needs of the department; (c) policy and rulemaking changes or implementation; (d) United States Environmental Protection Agency regulations and other federal regulations that affect industries regulated under this title or the department; and (e) any other issue that is related to the environment or the functioning of the department. Enacted by Chapter 190, 2024 General Session

Utah Code § 19-1-111 Governance committee with local health departments.

19-1-111. Governance committee with local health departments. (1) As used in this section: (a) "Exempt application" means an application for federal funding that meets the criteria established under Subsection (3)(g). (b) "Federal funding" means a grant, contract, or other funding from the federal government that could provide funds for a local health department to fulfill the duties and responsibilities of the local health department. (c) "Governance committee" means the committee created in Subsection (2). (2) The department shall establish a committee that consists of: (a) the executive director or the executive director's designee; (b) two representatives of the department appointed by the executive director; and (c) three representatives of local health departments appointed by a group representing all the local health departments in the state. (3) The governance committee shall: (a) review all state and federal funding to the department to identify funding that the department may use to support: (i) the requirements of Subsection 26A-1-106(3); and (ii) the minimum performance standards created by the department under Subsection 26A-1-106(4); (b) review the allocation of environmental quality resources between the department and the local health departments, including whether funds allocated by contract or cooperative agreement were: (i) allocated in accordance with the formula described in Section 26A-1-116; and (ii) subject to requirements satisfying or exceeding the minimum performance standards created by the department under Section 26A-1-106; (c) evaluate rules and department policies that affect a local health department in accordance with Subsection (4); (d) consider policy changes proposed by the department or by a local health department; (e) coordinate the implementation of environmental quality programs to maximize environmental quality resources; (f) except as provided by Subsection (3)(g), review each department application for any federal funding that affects a local health department before the department submits the application; and (g) establish a process by which the committee may exempt an application for federal funding from the review required under Subsection (3)(f). (4) When evaluating a policy or rule that affects a local health department, the governance committee shall: (a) compute an estimate of the cost a local health department will bear to comply with the policy or rule; (b) specify whether there is any funding provided to a local health department to implement the policy or rule; and (c) advise whether the policy or rule is needed. (5) The governance committee shall create bylaws to govern the committee's operations. Amended by Chapter 434, 2026 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title19/Chapter1/19-1-P1.html?v=C19-1-P1_1800010118000101Fetched: 10/26/2026