Title 19 Environmental Quality Code Chapter 3 Radiation Control Act Section 304 Licensing and approval by governor and Legislature -- Powers and duties of the department.
19-3-304.Licensing and approval by governor and Legislature -- Powers and
duties of the department.
(1) (a) A person may not construct or operate a waste transfer, storage, decay in storage,
treatment, or disposal facility within the exterior boundaries of the state without applying for and
receiving a construction and operating license from the state Department of Environmental
Quality and also obtaining approval from the Legislature and the governor.
(b) The Department of Environmental Quality may issue the license, and the Legislature
and the governor may approve the license, only upon finding the requirements and standards of
this part have been met.
(2) The department shall by rule establish the procedures and forms required to submit an
application for a construction and operating license under this part.
(3) The department may make rules implementing this part as necessary for the protection
of the public health and the environment, including:
(a) rules for safe and proper construction, installation, repair, use, and operation of waste
transfer, storage, decay in storage, treatment, and disposal facilities;
(b) rules governing prevention of and responsibility for costs incurred regarding accidents
that may occur in conjunction with the operation of the facilities; and
(c) rules providing for disciplinary action against the license upon violation of any of the
licensure requirements under this part or rules made under this part.
Enacted by Chapter 348, 1998 General Session
Download Code Section Zipped WordPerfect 19_03_030400.ZIP 2,257 Bytes