Utah § 19-3-307 - Siting criteria.

Full text of Utah Utah Code § 19-3-307 — Siting criteria., with citation guidance and answers to common questions.

§ 19-3-307. Siting criteria.

19-3-307.  Siting criteria.
(1) The department may not issue a construction and operating license to any waste transfer, storage, decay in storage, treatment, or disposal facility unless the facility location meets the siting criteria under Subsection (2).
(2) The facility may not be located:
(a) within or underlain by:
(i) national, state, or county parks; monuments or recreation areas; designated wilderness or wilderness study areas; or wild and scenic river areas;
(ii) ecologically or scientifically significant natural areas, including wildlife management areas and habitats for listed or proposed endangered species as designated by federal law;
(iii) 100-year flood plains;
(iv) areas 200 feet from Holocene faults;
(v) underground mines, salt domes, or salt beds;
(vi) dam failure flood areas;
(vii) areas subject to landslide, mud flow, or other earth movement, unless adverse impacts can be mitigated;
(viii) farmlands classified or evaluated as "prime," "unique," or of "statewide importance" by the U.S. Department of Agricultural Soil Conservation Service under the Prime Farmland Protection Act;
(ix) areas within five miles of existing permanent dwellings, residential areas, or other habitable structures, including schools, churches, or historic structures;
(x) areas within five miles of surface waters, including intermittent streams, perennial streams, rivers, lakes, reservoirs, and wetlands;
(xi) areas within 1,000 feet of archeological sites regarding which adverse impacts cannot reasonably be mitigated;
(xii) recharge zones of aquifers containing groundwater which has a total dissolved solids content of less than 10,000 mg/l; or
(xiii) drinking water source protection areas;
(b) in areas:
(i) above or underlain by aquifers that:
(A) contain groundwater which has a total dissolved solids content of less than 500 mg/l; and
(B) do not exceed state groundwater standards for pollutants;
(ii) above or underlain by aquifers containing groundwater which has a total dissolved solids content between 3,000 and 10,000 mg/l, when the distance from the surface to the groundwater is less than 100 feet;
(iii) of extensive withdrawal of water, gas, or oil;
(iv) above or underlain by weak and unstable soils, including soils that lose their ability to support foundations as a result of hydrocompaction, expansion, or shrinkage;
(v) above or underlain by karst terrains; or
(vi) where air space use and ground transportation routes present incompatible risks and uses; or
(c) within a distance to existing drinking water wells and watersheds for public water supplies of five years groundwater travel time plus 1,000 feet.
(3) An applicant for a license may request from the department an exemption from any of the siting criteria stated in this section upon demonstration that the modification would be protective of and have no adverse impacts on the public health and the environment.


Enacted by Chapter 348, 1998 General Session

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Frequently Asked Questions About Utah § 19-3-307

What does Utah Code § 19-3-307 cover?

Section 19-3-307 ("Siting criteria.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Utah § 19-3-307?

A common citation format is "Utah Code § 19-3-307" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Utah law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.

How does Utah § 19-3-307 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.

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