78B-6-1103 - Manufacturing facility in operation over three years -- Limited application of restrictions. - Utah Statutes

78B-6-1103. Manufacturing facility in operation over three years -- Limitedapplication of restrictions.
(1) Notwithstanding Sections 76-10-803 and 78B-6-1101, a manufacturing facility oroperation may not be or become a nuisance, private or public, by virtue of any changedconditions in and about its location after it has been in operation for more than three years if themanufacturing facility or operation was not a nuisance at the time it began operation. Themanufacturing facility may not increase the condition asserted to be a nuisance. The provisionsof this Subsection (1) do not apply if a nuisance results from the negligent or improper operationof a manufacturing facility.
(2) The provisions of Subsection (1) may not affect or defeat the right of any person torecover damages for any injuries or damage sustained because of any pollution of, or change inthe condition of, the waters of any stream or the overflow of the lands of any person.
(3) Any and all ordinances now or hereafter adopted by any county or municipalcorporation in which such manufacturing facility is located, which makes the operation thereof anuisance or providing for an abatement thereof as a nuisance in the circumstances set forth in thissection are null and void; provided, however, that the provisions of this subsection shall notapply whenever a nuisance results from the negligent or improper operation of any suchmanufacturing facility.

Renumbered and Amended by Chapter 3, 2008 General Session