S.B. 271 Enrolled

1

SOLID AND HAZARDOUS WASTE ACT
2 AMENDMENTS
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Sheldon L. Killpack
6 House Sponsor: David Clark
7
8 LONG TITLE
9 General Description:
10 This bill amends the Solid and Hazardous Waste Act.
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . authorizes a person who is a current owner of property subject to an operation plan
15 to submit a request for approval to the executive secretary without the consent of a
16 person obligated under an operation plan who is not a current owner;
17 . prohibits the executive secretary from:
18 . withholding approval because a person obligated under an operation permit who
19 is not a current owner has not consented to the approval request; and
20 . giving approval before receiving consent of the current owner;
21 . authorizes the executive secretary to:
22 . issue enforceable written assurances;
23 . make determinations regarding corrective action; and
24 . partition real property from a permit; and
25 . authorizes the Solid and Hazardous Waste Control Board to make rules.
26 Monies Appropriated in this Bill:
27 None
28 Other Special Clauses:
29 This bill provides an immediate effective date.

30 Utah Code Sections Affected:
31 AMENDS:
32 19-6-102, as last amended by Chapter 353, Laws of Utah 1998
33 19-6-104, as last amended by Chapters 13 and 353, Laws of Utah 1998
34 19-6-108, as last amended by Chapter 43, Laws of Utah 2005
35 ENACTS:
36 19-6-108.3, Utah Code Annotated 1953
37
38 Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 19-6-102 is amended to read:
40 19-6-102. Definitions.
41 As used in this part:
42 (1) "Board" means the Solid and Hazardous Waste Control Board created in Section
43 19-1-106 .
44 (2) "Closure plan" means a plan under Section 19-6-108 to close a facility or site at
45 which the owner or operator has disposed of nonhazardous solid waste or has treated, stored, or
46 disposed of hazardous waste including, if applicable, a plan to provide postclosure care at the
47 facility or site.
48 (3) (a) "Commercial nonhazardous solid waste treatment, storage, or disposal facility"
49 means a facility that receives, for profit, nonhazardous solid waste for treatment, storage, or
50 disposal.
51 (b) "Commercial nonhazardous solid waste treatment, storage, or disposal facility"
52 does not include a facility that:
53 (i) receives waste for recycling;
54 (ii) receives waste to be used as fuel, in compliance with federal and state
55 requirements; or
56 (iii) is solely under contract with a local government within the state to dispose of
57 nonhazardous solid waste generated within the boundaries of the local government.

58 (4) "Construction waste or demolition waste":
59 (a) means waste from building materials, packaging, and rubble resulting from
60 construction, demolition, remodeling, and repair of pavements, houses, commercial buildings,
61 and other structures, and from road building and land clearing; and
62 (b) does not include: asbestos; contaminated soils or tanks resulting from remediation
63 or cleanup at any release or spill; waste paints; solvents; sealers; adhesives; or similar
64 hazardous or potentially hazardous materials.
65 (5) "Demolition waste" has the same meaning as the definition of construction waste in
66 this section.
67 (6) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or
68 placing of any solid or hazardous waste into or on any land or water so that the waste or any
69 constituent of the waste may enter the environment, be emitted into the air, or discharged into
70 any waters, including groundwaters.
71 (7) "Executive secretary" means the executive secretary of the board.
72 (8) "Generation" or "generated" means the act or process of producing nonhazardous
73 solid or hazardous waste.
74 (9) "Hazardous waste" means a solid waste or combination of solid wastes other than
75 household waste which, because of its quantity, concentration, or physical, chemical, or
76 infectious characteristics may cause or significantly contribute to an increase in mortality or an
77 increase in serious irreversible or incapacitating reversible illness or may pose a substantial
78 present or potential hazard to human health or the environment when improperly treated,
79 stored, transported, disposed of, or otherwise managed.
80 (10) "Health facility" means hospitals, psychiatric hospitals, home health agencies,
81 hospices, skilled nursing facilities, intermediate care facilities, intermediate care facilities for
82 the mentally retarded, residential health care facilities, maternity homes or birthing centers, free
83 standing ambulatory surgical centers, facilities owned or operated by health maintenance
84 organizations, and state renal disease treatment centers including free standing hemodialysis
85 units, the offices of private physicians and dentists whether for individual or private practice,

86 veterinary clinics, and mortuaries.
87 (11) "Household waste" means any waste material, including garbage, trash, and
88 sanitary wastes in septic tanks, derived from households, including single-family and
89 multiple-family residences, hotels and motels, bunk houses, ranger stations, crew quarters,
90 campgrounds, picnic grounds, and day-use recreation areas.
91 (12) "Infectious waste" means a solid waste that contains or may reasonably be
92 expected to contain pathogens of sufficient virulence and quantity that exposure to the waste by
93 a susceptible host could result in an infectious disease.
94 (13) "Manifest" means the form used for identifying the quantity, composition, origin,
95 routing, and destination of hazardous waste during its transportation from the point of
96 generation to the point of disposal, treatment, or storage.
97 (14) "Mixed waste" means any material that is a hazardous waste as defined in this
98 chapter and is also radioactive as defined in Section 19-3-102 .
99 (15) "Modification plan" means a plan under Section 19-6-108 to modify a facility or
100 site for the purpose of disposing of nonhazardous solid waste or treating, storing, or disposing
101 of hazardous waste.
102 (16) "Operation plan" or "nonhazardous solid or hazardous waste operation plan"
103 means a plan or approval under Section 19-6-108 , including:
104 (a) a plan to own, construct, or operate a facility or site for the purpose of disposing of
105 nonhazardous solid waste or treating, storing, or disposing of hazardous waste[.];
106 (b) a closure plan;
107 (c) a modification plan; or
108 (d) an approval that the executive secretary is authorized to issue.
109 (17) "Permittee" means a person who is obligated under an operation plan.
110 [(17)] (18) (a) "Solid waste" means any garbage, refuse, sludge, including sludge from
111 a waste treatment plant, water supply treatment plant, or air pollution control facility, or other
112 discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting
113 from industrial, commercial, mining, or agricultural operations and from community activities

114 but does not include solid or dissolved materials in domestic sewage or in irrigation return
115 flows or discharges for which a permit is required under Title 19, Chapter 5, Water Quality
116 Act, or under the Water Pollution Control Act, 33 U.S.C., Section 1251, et seq.
117 (b) "Solid waste" does not include any of the following wastes unless the waste causes
118 a public nuisance or public health hazard or is otherwise determined to be a hazardous waste:
119 (i) certain large volume wastes, such as inert construction debris used as fill material;
120 (ii) drilling muds, produced waters, and other wastes associated with the exploration,
121 development, or production of oil, gas, or geothermal energy;
122 (iii) fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste
123 generated primarily from the combustion of coal or other fossil fuels;
124 (iv) solid wastes from the extraction, beneficiation, and processing of ores and
125 minerals; or
126 (v) cement kiln dust.
127 [(18)] (19) "Storage" means the actual or intended containment of solid or hazardous
128 waste either on a temporary basis or for a period of years in such a manner as not to constitute
129 disposal of the waste.
130 [(19)] (20) "Transportation" means the off-site movement of solid or hazardous waste
131 to any intermediate point or to any point of storage, treatment, or disposal.
132 [(20)] (21) "Treatment" means a method, technique, or process designed to change the
133 physical, chemical, or biological character or composition of any solid or hazardous waste so as
134 to neutralize the waste or render the waste nonhazardous, safer for transport, amenable for
135 recovery, amenable to storage, or reduced in volume.
136 [(21)] (22) "Underground storage tank" means a tank which is regulated under Subtitle
137 I of the Resource Conservation and Recovery Act, 42 U.S.C., Section 6991, et seq.
138 Section 2. Section 19-6-104 is amended to read:
139 19-6-104. Powers of board -- Creation of statewide solid waste management plan.
140 (1) The board shall:
141 (a) survey solid and hazardous waste generation and management practices within this

142 state and, after public hearing and after providing opportunities for comment by local
143 governmental entities, industry, and other interested persons, prepare and revise, as necessary, a
144 waste management plan for the state;
145 (b) carry out inspections pursuant to Section 19-6-109 ;
146 (c) hold hearings and compel the attendance of witnesses, the production of
147 documents, and other evidence, administer oaths and take testimony, and receive evidence it
148 finds proper, or appoint hearing officers who shall be delegated these powers;
149 (d) issue orders necessary to effectuate the provisions of this part and implementing
150 rules and enforce them by administrative and judicial proceedings, and cause the initiation of
151 judicial proceedings to secure compliance with this part;
152 (e) settle or compromise any administrative or civil action initiated to compel
153 compliance with this part and any rules adopted under this part;
154 (f) require submittal of specifications or other information relating to hazardous waste
155 plans for review, and approve, disapprove, revoke, or review the plans;
156 (g) advise, consult, cooperate with, and provide technical assistance to other agencies
157 of the state and federal government, other states, interstate agencies, and affected groups,
158 political subdivisions, industries, and other persons in carrying out the purposes of this part;
159 (h) promote the planning and application of resource recovery systems to prevent the
160 unnecessary waste and depletion of natural resources;
161 (i) meet the requirements of federal law related to solid and hazardous wastes to insure
162 that the solid and hazardous wastes program provided for in this part is qualified to assume
163 primacy from the federal government in control over solid and hazardous waste;
164 (j) (i) require any facility, including those listed in Subsection (1)(j)(ii), that is intended
165 for disposing of nonhazardous solid waste or wastes listed in Subsection (1)(j)(ii)(B) to submit
166 plans, specifications, and other information required by the board to the board prior to
167 construction, modification, installation, or establishment of a facility to allow the board to
168 determine whether the proposed construction, modification, installation, or establishment of the
169 facility will be in accordance with rules made under this part;

170 (ii) facilities referred to in Subsection (1)(j)(i) include:
171 (A) any incinerator that is intended for disposing of nonhazardous solid waste; and
172 (B) except for facilities that receive the following wastes solely for the purpose of
173 recycling, reuse, or reprocessing, any commercial facility that accepts for treatment or disposal,
174 and with the intent to make a profit: fly ash waste, bottom ash waste, slag waste, or flue gas
175 emission control waste generated primarily from the combustion of coal or other fossil fuels;
176 wastes from the extraction, beneficiation, and processing of ores and minerals; or cement kiln
177 dust wastes; and
178 (k) exercise all other incidental powers necessary to carry out the purposes of this part.
179 (2) (a) The board shall establish a comprehensive statewide solid waste management
180 plan by January 1, 1994.
181 (b) The plan shall:
182 (i) incorporate the solid waste management plans submitted by the counties;
183 (ii) provide an estimate of solid waste capacity needed in the state for the next 20
184 years;
185 (iii) assess the state's ability to minimize waste and recycle;
186 (iv) evaluate solid waste treatment, disposal, and storage options, as well as solid waste
187 needs and existing capacity;
188 (v) evaluate facility siting, design, and operation;
189 (vi) review funding alternatives for solid waste management; and
190 (vii) address other solid waste management concerns that the board finds appropriate
191 for the preservation of the public health and the environment.
192 (c) The board shall consider the economic viability of solid waste management
193 strategies prior to incorporating them into the plan and shall consider the needs of population
194 centers.
195 (d) The board shall review and modify the comprehensive statewide solid waste
196 management plan no less frequently than every five years.
197 (3) (a) The board shall determine the type of solid waste generated in the state and

198 tonnage of solid waste disposed of in the state in developing the comprehensive statewide solid
199 waste management plan.
200 (b) The board shall review and modify the inventory no less frequently than once every
201 five years.
202 (4) Subject to the limitations contained in Subsection 19-6-102 [(17)](18)(b), the board
203 shall establish siting criteria for nonhazardous solid waste disposal facilities, including
204 incinerators.
205 Section 3. Section 19-6-108 is amended to read:
206 19-6-108. New nonhazardous solid or hazardous waste operation plans for
207 facility or site -- Administrative and legislative approval required -- Exemptions from
208 legislative and gubernatorial approval -- Time periods for review -- Information required
209 -- Other conditions -- Revocation of approval -- Periodic review.
210 (1) For purposes of this section, the following items shall be treated as submission of a
211 new operation plan:
212 (a) the submission of a revised operation plan specifying a different geographic site
213 than a previously submitted plan;
214 (b) an application for modification of a commercial hazardous waste incinerator if the
215 construction or the modification would increase the hazardous waste incinerator capacity above
216 the capacity specified in the operation plan as of January 1, 1990, or the capacity specified in
217 the operation plan application as of January 1, 1990, if no operation plan approval has been
218 issued as of January 1, 1990;
219 (c) an application for modification of a commercial nonhazardous solid waste
220 incinerator if the construction of the modification would cost 50% or more of the cost of
221 construction of the original incinerator or the modification would result in an increase in the
222 capacity or throughput of the incinerator of a cumulative total of 50% above the total capacity
223 or throughput that was approved in the operation plan as of January 1, 1990, or the initial
224 approved operation plan if the initial approval is subsequent to January 1, 1990; or
225 (d) an application for modification of a commercial nonhazardous solid or hazardous

226 waste treatment, storage, or disposal facility, other than an incinerator, if the modification
227 would be outside the boundaries of the property owned or controlled by the applicant, as shown
228 in the application or approved operation plan as of January 1, 1990, or the initial approved
229 operation plan if the initial approval is subsequent to January 1, 1990.
230 (2) Capacity under Subsection (1)(b) shall be calculated based on the throughput
231 tonnage specified for the trial burn in the operation plan or the operation plan application if no
232 operation plan approval has been issued as of January 1, 1990, and on annual operations of
233 7,000 hours.
234 (3) (a) (i) No person may own, construct, modify, or operate any facility or site for the
235 purpose of disposing of nonhazardous solid waste or treating, storing, or disposing of
236 hazardous waste without first submitting and receiving the approval of the executive secretary
237 for [a nonhazardous solid or hazardous waste] an operation plan for that facility or site.
238 (ii) (A) A permittee who is the current owner of a facility or site that is subject to an
239 operation plan may submit to the executive secretary information, a report, a plan, or other
240 request for approval for a proposed activity under an operation plan:
241 (I) after obtaining the consent of any other permittee who is a current owner of the
242 facility or site; and
243 (II) without obtaining the consent of any other permittee who is not a current owner of
244 the facility or site.
245 (B) The executive secretary may not:
246 (I) withhold an approval of an operation plan requested by a permittee who is a current
247 owner of the facility or site on the grounds that another permittee who is not a current owner of
248 the facility or site has not consented to the request; or
249 (II) give an approval of an operation plan requested by a permittee who is not a current
250 owner before receiving consent of the current owner of the facility or site.
251 (b) (i) Except for facilities that receive the following wastes solely for the purpose of
252 recycling, reuse, or reprocessing, no person may own, construct, modify, or operate any
253 commercial facility that accepts for treatment or disposal, with the intent to make a profit, any

254 of the wastes listed in Subsection (3)(b)(ii) without first submitting a request to and receiving
255 the approval of the executive secretary for an operation plan for that facility site.
256 (ii) Wastes referred to in Subsection (3)(b)(i) are:
257 (A) fly ash waste, bottom ash waste, slag waste, or flue gas emission control waste
258 generated primarily from the combustion of coal or other fossil fuels;
259 (B) wastes from the extraction, beneficiation, and processing of ores and minerals; or
260 (C) cement kiln dust wastes.
261 (c) (i) No person may construct any facility listed under Subsection (3)(c)(ii) until he
262 receives, in addition to and subsequent to local government approval and subsequent to the
263 approval required in Subsection (3)(a), approval by the governor and the Legislature.
264 (ii) Facilities referred to in Subsection (3)(c)(i) are:
265 (A) commercial nonhazardous solid or hazardous waste treatment or disposal facilities;
266 and
267 (B) except for facilities that receive the following wastes solely for the purpose of
268 recycling, reuse, or reprocessing, any commercial facility that accepts for treatment or disposal,
269 with the intent to make a profit: fly ash waste, bottom ash waste, slag waste, or flue gas
270 emission control waste generated primarily from the combustion of coal or other fossil fuels;
271 wastes from the extraction, beneficiation, and processing of ores and minerals; or cement kiln
272 dust wastes.
273 (d) No person need obtain gubernatorial or legislative approval for the construction of
274 a hazardous waste facility for which an operating plan has been approved by or submitted for
275 approval to the executive secretary under this section before April 24, 1989, and which has
276 been determined, on or before December 31, 1990, by the executive secretary to be complete,
277 in accordance with state and federal requirements for operating plans for hazardous waste
278 facilities even if a different geographic site is subsequently submitted.
279 (e) No person need obtain gubernatorial and legislative approval for the construction of
280 a commercial nonhazardous solid waste disposal facility for which an operation plan has been
281 approved by or submitted for approval to the executive secretary under this section on or before

282 January 1, 1990, and which, on or before December 31, 1990, the executive secretary
283 determines to be complete, in accordance with state and federal requirements applicable to
284 operation plans for nonhazardous solid waste facilities.
285 (f) Any person owning or operating a facility or site on or before November 19, 1980,
286 who has given timely notification as required by Section 3010 of the Resource Conservation
287 and Recovery Act of 1976, 42 U.S.C. Section 6921, et seq., and who has submitted a proposed
288 hazardous waste plan under this section for that facility or site, may continue to operate that
289 facility or site without violating this section until the plan is approved or disapproved under
290 this section.
291 (g) (i) The executive secretary shall suspend acceptance of further applications for a
292 commercial nonhazardous solid or hazardous waste facility upon a finding that he cannot
293 adequately oversee existing and additional facilities for permit compliance, monitoring, and
294 enforcement.
295 (ii) The executive secretary shall report any suspension to the Natural Resources,
296 Agriculture, and Environment Interim Committee.
297 (4) The executive secretary shall review each proposed nonhazardous solid or
298 hazardous waste operation plan to determine whether that plan complies with the provisions of
299 this part and the applicable rules of the board.
300 (5) (a) If the facility is a class I or class II facility, the executive secretary shall approve
301 or disapprove that plan within 270 days from the date it is submitted.
302 (b) Within 60 days after receipt of the plans, specifications, or other information
303 required by this section for a class I or II facility, the executive secretary shall determine
304 whether the plan is complete and contains all information necessary to process the plan for
305 approval.
306 (c) (i) If the plan for a class I or II facility is determined to be complete, the executive
307 secretary shall issue a notice of completeness.
308 (ii) If the plan is determined by the executive secretary to be incomplete, he shall issue
309 a notice of deficiency, listing the additional information to be provided by the owner or

310 operator to complete the plan.
311 (d) The executive secretary shall review information submitted in response to a notice
312 of deficiency within 30 days after receipt.
313 (e) The following time periods may not be included in the 270 day plan review period
314 for a class I or II facility:
315 (i) time awaiting response from the owner or operator to requests for information
316 issued by the executive secretary;
317 (ii) time required for public participation and hearings for issuance of plan approvals;
318 and
319 (iii) time for review of the permit by other federal or state government agencies.
320 (6) (a) If the facility is a class III or class IV facility, the executive secretary shall
321 approve or disapprove that plan within 365 days from the date it is submitted.
322 (b) The following time periods may not be included in the 365 day review period:
323 (i) time awaiting response from the owner or operator to requests for information
324 issued by the executive secretary;
325 (ii) time required for public participation and hearings for issuance of plan approvals;
326 and
327 (iii) time for review of the permit by other federal or state government agencies.
328 (7) If, within 365 days after receipt of a modification plan or closure plan for any
329 facility, the executive secretary determines that the proposed plan, or any part of it, will not
330 comply with applicable rules, the executive secretary shall issue an order prohibiting any action
331 under the proposed plan for modification or closure in whole or in part.
332 (8) Any person who owns or operates a facility or site required to have an approved
333 hazardous waste operation plan under this section and who has pending a permit application
334 before the United States Environmental Protection Agency shall be treated as having an
335 approved plan until final administrative disposition of the permit application is made under this
336 section, unless the board determines that final administrative disposition of the application has
337 not been made because of the failure of the owner or operator to furnish any information

338 requested, or the facility's interim status has terminated under Section 3005 (e) of the Resource
339 Conservation and Recovery Act, 42 U.S.C. Section 6925 (e).
340 (9) No proposed nonhazardous solid or hazardous waste operation plan may be
341 approved unless it contains the information that the board requires, including:
342 (a) estimates of the composition, quantities, and concentrations of any hazardous waste
343 identified under this part and the proposed treatment, storage, or disposal of it;
344 (b) evidence that the disposal of nonhazardous solid waste or treatment, storage, or
345 disposal of hazardous waste will not be done in a manner that may cause or significantly
346 contribute to an increase in mortality, an increase in serious irreversible or incapacitating
347 reversible illness, or pose a substantial present or potential hazard to human health or the
348 environment;
349 (c) consistent with the degree and duration of risks associated with the disposal of
350 nonhazardous solid waste or treatment, storage, or disposal of specified hazardous waste,
351 evidence of financial responsibility in whatever form and amount that the executive secretary
352 determines is necessary to insure continuity of operation and that upon abandonment, cessation,
353 or interruption of the operation of the facility or site, all reasonable measures consistent with
354 the available knowledge will be taken to insure that the waste subsequent to being treated,
355 stored, or disposed of at the site or facility will not present a hazard to the public or the
356 environment;
357 (d) evidence that the personnel employed at the facility or site have education and
358 training for the safe and adequate handling of nonhazardous solid or hazardous waste;
359 (e) plans, specifications, and other information that the executive secretary considers
360 relevant to determine whether the proposed nonhazardous solid or hazardous waste operation
361 plan will comply with this part and the rules of the board; and
362 (f) compliance schedules, where applicable, including schedules for corrective action
363 or other response measures for releases from any solid waste management unit at the facility,
364 regardless of the time the waste was placed in the unit.
365 (10) The executive secretary may not approve a commercial nonhazardous solid or

366 hazardous waste operation plan that meets the requirements of Subsection (9) unless it contains
367 the information required by the board, including:
368 (a) evidence that the proposed commercial facility has a proven market of
369 nonhazardous solid or hazardous waste, including:
370 (i) information on the source, quantity, and price charged for treating, storing, and
371 disposing of potential nonhazardous solid or hazardous waste in the state and regionally;
372 (ii) a market analysis of the need for a commercial facility given existing and potential
373 generation of nonhazardous solid or hazardous waste in the state and regionally; and
374 (iii) a review of other existing and proposed commercial nonhazardous solid or
375 hazardous waste facilities regionally and nationally that would compete for the treatment,
376 storage, or disposal of the nonhazardous solid or hazardous waste;
377 (b) a description of the public benefits of the proposed facility, including:
378 (i) the need in the state for the additional capacity for the management of nonhazardous
379 solid or hazardous waste;
380 (ii) the energy and resources recoverable by the proposed facility;
381 (iii) the reduction of nonhazardous solid or hazardous waste management methods,
382 which are less suitable for the environment, that would be made possible by the proposed
383 facility; and
384 (iv) whether any other available site or method for the management of hazardous waste
385 would be less detrimental to the public health or safety or to the quality of the environment;
386 and
387 (c) compliance history of an owner or operator of a proposed commercial
388 nonhazardous solid or hazardous waste treatment, storage, or disposal facility, which may be
389 applied by the executive secretary in a nonhazardous solid or hazardous waste operation plan
390 decision, including any plan conditions.
391 (11) The executive secretary may not approve a commercial nonhazardous solid or
392 hazardous waste facility operation plan unless based on the application, and in addition to the
393 determination required in Subsections (9) and (10), the executive secretary determines that:

394 (a) the probable beneficial environmental effect of the facility to the state outweighs
395 the probable adverse environmental effect; and
396 (b) there is a need for the facility to serve industry within the state.
397 (12) Approval of a nonhazardous solid or hazardous waste operation plan may be
398 revoked, in whole or in part, if the person to whom approval of the plan has been given fails to
399 comply with that plan.
400 (13) The executive secretary shall review all approved nonhazardous solid and
401 hazardous waste operation plans at least once every five years.
402 (14) The provisions of Subsections (10) and (11) do not apply to hazardous waste
403 facilities in existence or to applications filed or pending in the department prior to April 24,
404 1989, that are determined by the executive secretary on or before December 31, 1990, to be
405 complete, in accordance with state and federal requirements applicable to operation plans for
406 hazardous waste facilities.
407 (15) The provisions of Subsections (9), (10), and (11) do not apply to a nonhazardous
408 solid waste facility in existence or to an application filed or pending in the department prior to
409 January 1, 1990, that is determined by the executive secretary, on or before December 31,
410 1990, to be complete in accordance with state and federal requirements applicable to operation
411 plans for nonhazardous solid waste facilities.
412 (16) Nonhazardous solid waste generated outside of this state that is defined as
413 hazardous waste in the state where it is generated and which is received for disposal in this
414 state shall not be disposed of at a nonhazardous waste disposal facility owned and operated by
415 local government or a facility under contract with a local government solely for disposal of
416 nonhazardous solid waste generated within the boundaries of the local government, unless
417 disposal is approved by the executive secretary.
418 (17) This section may not be construed to exempt any facility from applicable
419 regulation under the federal Atomic Energy Act, 42 U.S.C. Sections 2014 and 2021 through
420 2114.
421 Section 4. Section 19-6-108.3 is enacted to read:

422 19-6-108.3. Executive secretary to issue written assurances, make determinations,
423 and partition operation plans -- Board to make rules.
424 (1) Based upon risk to human health or the environment from potential exposure to
425 hazardous waste, the executive secretary may:
426 (a) even if corrective action is incomplete, issue an enforceable written assurance to a
427 person acquiring an interest in real property covered by an operation plan that the person to
428 whom the assurance is issued:
429 (i) is not a permittee under the operation plan; and
430 (ii) will not be subject to an enforcement action under this part for contamination that
431 exists or for violations under this part that occurred before the person acquired the interest in
432 the real property covered by the operation plan;
433 (b) determine that corrective action to the real property covered by the operation plan
434 is:
435 (i) complete;
436 (ii) incomplete;
437 (iii) unnecessary with an environmental covenant; or
438 (iv) unnecessary without an environmental covenant; and
439 (c) partition from an operation plan a portion of real property subject to the operation
440 plan after determining that corrective action for that portion of real property is:
441 (i) complete;
442 (ii) unnecessary with an environmental covenant; or
443 (iii) unnecessary without an environmental covenant.
444 (2) If the executive secretary determines that an environmental covenant is necessary
445 under Subsection (1)(b) or (c), the executive secretary shall require that the real property be
446 subject to an environmental covenant according to Title 57, Chapter 25, Uniform
447 Environmental Covenants Act.
448 (3) An assurance issued under Subsection (1) protects the person to whom the
449 assurance is issued from any cost recovery and contribution action under state law.

450 (4) By following the procedures and requirements of Title 63, Chapter 46b,
451 Administrative Procedures Act, the board may adopt rules to administer this section.
452 Section 5. Effective date.
453 If approved by two-thirds of all the members elected to each house, this bill takes effect
454 upon approval by the governor, or the day following the constitutional time limit of Utah
455 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
456 the date of veto override.