State Codes and Statutes
Statutes > Utah > Title-19 > Chapter-02 > 19-2-10819-2-108. Notice of construction or modification of installations required --Authority of executive secretary to prohibit construction -- Hearings -- Limitations onauthority of board -- Inspections authorized.
(1) The board shall require that notice be given to the executive secretary by any personplanning to construct a new installation which will or might reasonably be expected to be asource or indirect source of air pollution or to make modifications to an existing installationwhich will or might reasonably be expected to increase the amount of or change the character oreffect of air contaminants discharged, so that the installation may be expected to be a source orindirect source of air pollution, or by any person planning to install an air cleaning device orother equipment intended to control emission of air contaminants.
(2) (a) (i) The executive secretary may require, as a condition precedent to theconstruction, modification, installation, or establishment of the air contaminant source or indirectsource, the submission of plans, specifications, and other information as he finds necessary todetermine whether the proposed construction, modification, installation, or establishment will bein accord with applicable rules in force under this chapter.
(ii) Plan approval for an indirect source may be delegated by the executive secretary to alocal authority when requested and upon assurance that the local authority has and will maintainsufficient expertise to insure that the planned installation will meet the requirements establishedby law.
(b) If within 90 days after the receipt of plans, specifications, or other informationrequired under this subsection, the executive secretary determines that the proposed construction,installation, or establishment or any part of it will not be in accord with the requirements of thischapter or applicable rules or that further time, not exceeding three extensions of 30 days each, isrequired by the board to adequately review the plans, specifications, or other information, heshall issue an order prohibiting the construction, installation, or establishment of the aircontaminant source or sources in whole or in part.
(3) In addition to any other remedies, any person aggrieved by the issuance of an ordereither granting or denying a request for the construction of a new installation, and prior toinvoking any such other remedies shall, upon request, in accordance with the rules of the board,be entitled to a hearing conducted by an administrative law judge as provided by Section19-1-301. Following the hearing and the receipt by the board of the proposed dispositive actionfrom the administrative law judge, the board may affirm, modify, or withdraw the permit.
(4) Any features, machines, and devices constituting parts of or called for by plans,specifications, or other information submitted under Subsection (1) shall be maintained in goodworking order.
(5) This section does not authorize the board to require the use of machinery, devices, orequipment from a particular supplier or produced by a particular manufacturer if the requiredperformance standards may be met by machinery, devices, or equipment otherwise available.
(6) (a) Any authorized officer, employee, or representative of the board may enter andinspect any property, premise, or place on or at which an air contaminant source is located or isbeing constructed, modified, installed, or established at any reasonable time for the purpose ofascertaining the state of compliance with this chapter and the rules adopted under it.
(b) (i) A person may not refuse entry or access to any authorized representative of theboard who requests entry for purposes of inspection and who presents appropriate credentials.
(ii) A person may not obstruct, hamper, or interfere with any inspection.
(c) If requested, the owner or operator of the premises shall receive a report setting forthall facts found which relate to compliance status.
Amended by Chapter 377, 2009 General Session
