19-3-310 - Benefits agreement. - Utah Statutes

19-3-310. Benefits agreement.
(1) The department may not issue a construction and operating license under this partunless the applicant has entered into a benefits agreement with the department which is sufficientto offset adverse environmental, public health, social, and economic impacts to the state as awhole, and also specifically to the local area in which the facility is to be located.
(2) (a) The benefits agreement shall be attached to and made part of the terms of anylicense for the facility.
(b) Failure to adhere to the benefits agreement is a ground for the department to takeenforcement action against the license, including permanent revocation of the license.
(3) This part may not be construed or interpreted to affect the rights of any person orentity to brings claims against or reach agreements with the applicant for impacts from the facilityindependent of the benefits agreement.

Enacted by Chapter 348, 1998 General Session