Utah § 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 -- Limited application of restrictions.

Utah·Title 78B Judicial Code·Ch. 78B-6 Particular Proceedings·Part 78B-6-11 Nuisance

(1)(1)(a) Notwithstanding Sections 76-9-1301 and 78B-6-1101, a manufacturing facility may not be considered a nuisance because of any changed circumstance in land uses near the facility if:

(1)(a)(i) the manufacturing facility has been in operation for more than three years; and

(1)(a)(ii) the manufacturing facility was not a nuisance at the time it began operation.

(1)(b) The manufacturing facility may not increase the condition asserted to be a nuisance.

(1)(c) The provisions of this Subsection (1) do not apply if a nuisance results from the negligent or improper operation of a manufacturing facility.

(2)Nothing in this section affects the right of a person to recover damages for injuries or damage sustained as a result of the pollution or change in the conditions of the waters of a s

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(1) (1)(a) Notwithstanding Sections 76-9-1301 and 78B-6-1101, a manufacturing facility may not be considered a nuisance because of any changed circumstance in land uses near the facility if:
(1)(a)(i) the manufacturing facility has been in operation for more than three years; and
(1)(a)(ii) the manufacturing facility was not a nuisance at the time it began operation.
(1)(b) The manufacturing facility may not increase the condition asserted to be a nuisance.
(1)(c) The provisions of this Subsection (1) do not apply if a nuisance results from the negligent or improper operation of a manufacturing facility.
(2) Nothing in this section affects the right of a person to recover damages for injuries or damage sustained as a result of the pollution or change in the conditions of the waters of a stream or overflow of the lands of any person.
(3) (3)(a) Any and all ordinances now or in the future adopted by any county or municipal corporation in which a manufacturing facility is located and which makes its operation a nuisance or providing for an abatement as a nuisance in the circumstances set forth in this section are null and void.
(3)(b) The provisions of this Subsection (3) may not apply whenever a nuisance results from the negligent or improper operation of a manufacturing facility.

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