Utah Code § 78B-6a-402: Defense in private nuisance action for manufacturing facility in operation over three years.

(1)

(a) A person or government entity does not have a right of action for a private nuisance under this chapter for any changed circumstance in land uses near a manufacturing facility if:

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

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

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

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

(2) Nothing in this section affects the right of a person in an action other than an action for a private or public nuisance 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)

(a) Any and all ordinances adopted by any county or municipal corporation in which a manufacturing facility is located that makes the manufacturing facility's operation a private nuisance or providing for an abatement as a private nuisance in the circumstances set forth in this section are null and void.

(b) The provisions of this Subsection (3) may not apply whenever a private nuisance results from the negligent or improper operation of a manufacturing facility.

(4) This section does not apply to an action under Part 2, Public Nuisance.