19-2-102. Definitions.
As used in this chapter:
(1) "Air contaminant" means any particulate matter or any gas, vapor, suspended solid, or
any combination of them, excluding steam and water vapors.
(2) "Air contaminant source" means all sources of emission of air contaminants whether
privately or publicly owned or operated.
(3) "Air pollution" means the presence in the ambient air of one or more air contaminants
in the quantities and duration and under conditions and circumstances as is or tends to be
injurious to human health or welfare, animal or plant life, or property, or would unreasonably
interfere with the enjoyment of life or use of property, as determined by the rules adopted by the
board.
(4) "Ambient air" means the surrounding or outside air.
(5) "Asbestos" means the asbestiform varieties of serpentine (chrysotile), riebeckite
(crocidolite), cummingtonite-grunerite, anthophyllite, and actinolite-tremolite.
(6) "Asbestos-containing material" means any material containing more than 1%
asbestos, as determined using the method adopted in 40 CFR Part 61, Subpart M, National
Emission Standard for Asbestos.
(7) "Asbestos inspection" means an activity undertaken to determine the presence or
location, or to assess the condition of, asbestos-containing material or suspected
asbestos-containing material, whether by visual or physical examination, or by taking samples of
the material.
(8) (a) "Board" means the Air Quality Board.
(b) "Board" means, as used in Sections 19-2-123 through 19-2-126, the Air Quality
Board or the Water Quality Board.
(9) "Clean school bus" has the same meaning as defined in 42 U.S.C. Sec. 16091.
(10) "Executive secretary" means the executive secretary of the board.
(11) (a) "Facility" means machinery, equipment, structures, or any part or accessories of
them, installed or acquired for the primary purpose of controlling or disposing of air pollution.
(b) "Facility" does not include an air conditioner, fan, or other similar facility for the
comfort of personnel.
(12) "Friable asbestos-containing material" means any material containing more than 1%
asbestos, as determined using the method adopted in 40 CFR Part 61, Subpart M, National
Emission Standard for Asbestos, that hand pressure can crumble, pulverize, or reduce to powder
when dry.
(13) "Indirect source" means a facility, building, structure, or installation which attracts
or may attract mobile source activity that results in emissions of a pollutant for which there is a
national standard.
(14) (a) "Pollution control facility" or "facility" means, as used in Sections 19-2-123
through 19-2-126, any land, structure, building, installation, excavation, machinery, equipment,
or device, or any addition to, reconstruction, replacement or improvement of, land or an existing
structure, building, installation, excavation, machinery, equipment, or device reasonably used,
erected, constructed, acquired, or installed by any person if the primary purpose of the use,
erection, construction, acquisition, or installation is the prevention, control, or reduction of air or
water pollution by:
(i) the disposal or elimination of or redesign to eliminate waste and the use of treatment
works for industrial waste as defined in Title 19, Chapter 5, Water Quality Act; or
(ii) the disposal, elimination, or reduction of or redesign to eliminate or reduce air
contaminants or air pollution or air contamination sources and the use of air cleaning devices.
(b) "Pollution control facility" or "facility" does not include air conditioners, septic tanks,
or other facilities for human waste, nor any property installed, constructed, or used for the
moving of sewage to the collection facilities of a public or quasi-public sewerage system.
Amended by Chapter 68, 2008 General Session
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Last revised: Thursday, May 28, 2009