First Substitute S.B. 271

Senator Sheldon L. Killpack proposes the following substitute bill:

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 . authorizes the executive secretary to:
18 . issue enforceable written assurances;
19 . make determinations regarding corrective action; and
20 . partition real property from a permit; and
21 . authorizes the Solid and Hazardous Waste Control Board to make rules.
22 Monies Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 This bill provides an immediate effective date.

26 Utah Code Sections Affected:
27 AMENDS:
28 19-6-102, as last amended by Chapter 353, Laws of Utah 1998
29 19-6-104, as last amended by Chapters 13 and 353, Laws of Utah 1998
30 19-6-108, as last amended by Chapter 43, Laws of Utah 2005
31 ENACTS:
32 19-6-108.3, Utah Code Annotated 1953
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 19-6-102 is amended to read:
36 19-6-102. Definitions.
37 As used in this part:
38 (1) "Board" means the Solid and Hazardous Waste Control Board created in Section
39 19-1-106 .
40 (2) "Closure plan" means a plan under Section 19-6-108 to close a facility or site at
41 which the owner or operator has disposed of nonhazardous solid waste or has treated, stored, or
42 disposed of hazardous waste including, if applicable, a plan to provide postclosure care at the
43 facility or site.
44 (3) (a) "Commercial nonhazardous solid waste treatment, storage, or disposal facility"
45 means a facility that receives, for profit, nonhazardous solid waste for treatment, storage, or
46 disposal.
47 (b) "Commercial nonhazardous solid waste treatment, storage, or disposal facility"
48 does not include a facility that:
49 (i) receives waste for recycling;
50 (ii) receives waste to be used as fuel, in compliance with federal and state
51 requirements; or
52 (iii) is solely under contract with a local government within the state to dispose of
53 nonhazardous solid waste generated within the boundaries of the local government.
54 (4) "Construction waste or demolition waste":
55 (a) means waste from building materials, packaging, and rubble resulting from
56 construction, demolition, remodeling, and repair of pavements, houses, commercial buildings,

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

88 expected to contain pathogens of sufficient virulence and quantity that exposure to the waste by
89 a susceptible host could result in an infectious disease.
90 (13) "Manifest" means the form used for identifying the quantity, composition, origin,
91 routing, and destination of hazardous waste during its transportation from the point of
92 generation to the point of disposal, treatment, or storage.
93 (14) "Mixed waste" means any material that is a hazardous waste as defined in this
94 chapter and is also radioactive as defined in Section 19-3-102 .
95 (15) "Modification plan" means a plan under Section 19-6-108 to modify a facility or
96 site for the purpose of disposing of nonhazardous solid waste or treating, storing, or disposing
97 of hazardous waste.
98 (16) "Operation plan" or "nonhazardous solid or hazardous waste operation plan"
99 means a plan or approval under Section 19-6-108 , including:
100 (a) a plan to own, construct, or operate a facility or site for the purpose of disposing of
101 nonhazardous solid waste or treating, storing, or disposing of hazardous waste[.];
102 (b) a closure plan;
103 (c) a modification plan; or
104 (d) an approval that the executive secretary is authorized to issue.
105 (17) "Permittee" means a person who is obligated under an operation plan.
106 [(17)] (18) (a) "Solid waste" means any garbage, refuse, sludge, including sludge from
107 a waste treatment plant, water supply treatment plant, or air pollution control facility, or other
108 discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting
109 from industrial, commercial, mining, or agricultural operations and from community activities
110 but does not include solid or dissolved materials in domestic sewage or in irrigation return
111 flows or discharges for which a permit is required under Title 19, Chapter 5, Water Quality
112 Act, or under the Water Pollution Control Act, 33 U.S.C., Section 1251, et seq.
113 (b) "Solid waste" does not include any of the following wastes unless the waste causes
114 a public nuisance or public health hazard or is otherwise determined to be a hazardous waste:
115 (i) certain large volume wastes, such as inert construction debris used as fill material;
116 (ii) drilling muds, produced waters, and other wastes associated with the exploration,
117 development, or production of oil, gas, or geothermal energy;
118 (iii) fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste

119 generated primarily from the combustion of coal or other fossil fuels;
120 (iv) solid wastes from the extraction, beneficiation, and processing of ores and
121 minerals; or
122 (v) cement kiln dust.
123 [(18)] (19) "Storage" means the actual or intended containment of solid or hazardous
124 waste either on a temporary basis or for a period of years in such a manner as not to constitute
125 disposal of the waste.
126 [(19)] (20) "Transportation" means the off-site movement of solid or hazardous waste
127 to any intermediate point or to any point of storage, treatment, or disposal.
128 [(20)] (21) "Treatment" means a method, technique, or process designed to change the
129 physical, chemical, or biological character or composition of any solid or hazardous waste so as
130 to neutralize the waste or render the waste nonhazardous, safer for transport, amenable for
131 recovery, amenable to storage, or reduced in volume.
132 [(21)] (22) "Underground storage tank" means a tank which is regulated under Subtitle
133 I of the Resource Conservation and Recovery Act, 42 U.S.C., Section 6991, et seq.
134 Section 2. Section 19-6-104 is amended to read:
135 19-6-104. Powers of board -- Creation of statewide solid waste management plan.
136 (1) The board shall:
137 (a) survey solid and hazardous waste generation and management practices within this
138 state and, after public hearing and after providing opportunities for comment by local
139 governmental entities, industry, and other interested persons, prepare and revise, as necessary, a
140 waste management plan for the state;
141 (b) carry out inspections pursuant to Section 19-6-109 ;
142 (c) hold hearings and compel the attendance of witnesses, the production of
143 documents, and other evidence, administer oaths and take testimony, and receive evidence it
144 finds proper, or appoint hearing officers who shall be delegated these powers;
145 (d) issue orders necessary to effectuate the provisions of this part and implementing
146 rules and enforce them by administrative and judicial proceedings, and cause the initiation of
147 judicial proceedings to secure compliance with this part;
148 (e) settle or compromise any administrative or civil action initiated to compel
149 compliance with this part and any rules adopted under this part;

150 (f) require submittal of specifications or other information relating to hazardous waste
151 plans for review, and approve, disapprove, revoke, or review the plans;
152 (g) advise, consult, cooperate with, and provide technical assistance to other agencies
153 of the state and federal government, other states, interstate agencies, and affected groups,
154 political subdivisions, industries, and other persons in carrying out the purposes of this part;
155 (h) promote the planning and application of resource recovery systems to prevent the
156 unnecessary waste and depletion of natural resources;
157 (i) meet the requirements of federal law related to solid and hazardous wastes to insure
158 that the solid and hazardous wastes program provided for in this part is qualified to assume
159 primacy from the federal government in control over solid and hazardous waste;
160 (j) (i) require any facility, including those listed in Subsection (1)(j)(ii), that is intended
161 for disposing of nonhazardous solid waste or wastes listed in Subsection (1)(j)(ii)(B) to submit
162 plans, specifications, and other information required by the board to the board prior to
163 construction, modification, installation, or establishment of a facility to allow the board to
164 determine whether the proposed construction, modification, installation, or establishment of the
165 facility will be in accordance with rules made under this part;
166 (ii) facilities referred to in Subsection (1)(j)(i) include:
167 (A) any incinerator that is intended for disposing of nonhazardous solid waste; and
168 (B) except for facilities that receive the following wastes solely for the purpose of
169 recycling, reuse, or reprocessing, any commercial facility that accepts for treatment or disposal,
170 and with the intent to make a profit: fly ash waste, bottom ash waste, slag waste, or flue gas
171 emission control waste generated primarily from the combustion of coal or other fossil fuels;
172 wastes from the extraction, beneficiation, and processing of ores and minerals; or cement kiln
173 dust wastes; and
174 (k) exercise all other incidental powers necessary to carry out the purposes of this part.
175 (2) (a) The board shall establish a comprehensive statewide solid waste management
176 plan by January 1, 1994.
177 (b) The plan shall:
178 (i) incorporate the solid waste management plans submitted by the counties;
179 (ii) provide an estimate of solid waste capacity needed in the state for the next 20
180 years;

181 (iii) assess the state's ability to minimize waste and recycle;
182 (iv) evaluate solid waste treatment, disposal, and storage options, as well as solid waste
183 needs and existing capacity;
184 (v) evaluate facility siting, design, and operation;
185 (vi) review funding alternatives for solid waste management; and
186 (vii) address other solid waste management concerns that the board finds appropriate
187 for the preservation of the public health and the environment.
188 (c) The board shall consider the economic viability of solid waste management
189 strategies prior to incorporating them into the plan and shall consider the needs of population
190 centers.
191 (d) The board shall review and modify the comprehensive statewide solid waste
192 management plan no less frequently than every five years.
193 (3) (a) The board shall determine the type of solid waste generated in the state and
194 tonnage of solid waste disposed of in the state in developing the comprehensive statewide solid
195 waste management plan.
196 (b) The board shall review and modify the inventory no less frequently than once every
197 five years.
198 (4) Subject to the limitations contained in Subsection 19-6-102 [(17)](18)(b), the board
199 shall establish siting criteria for nonhazardous solid waste disposal facilities, including
200 incinerators.
201 Section 3. Section 19-6-108 is amended to read:
202 19-6-108. New nonhazardous solid or hazardous waste operation plans for
203 facility or site -- Administrative and legislative approval required -- Exemptions from
204 legislative and gubernatorial approval -- Time periods for review -- Information required
205 -- Other conditions -- Revocation of approval -- Periodic review.
206 (1) For purposes of this section, the following items shall be treated as submission of a
207 new operation plan:
208 (a) the submission of a revised operation plan specifying a different geographic site
209 than a previously submitted plan;
210 (b) an application for modification of a commercial hazardous waste incinerator if the
211 construction or the modification would increase the hazardous waste incinerator capacity above

212 the capacity specified in the operation plan as of January 1, 1990, or the capacity specified in
213 the operation plan application as of January 1, 1990, if no operation plan approval has been
214 issued as of January 1, 1990;
215 (c) an application for modification of a commercial nonhazardous solid waste
216 incinerator if the construction of the modification would cost 50% or more of the cost of
217 construction of the original incinerator or the modification would result in an increase in the
218 capacity or throughput of the incinerator of a cumulative total of 50% above the total capacity
219 or throughput that was approved in the operation plan as of January 1, 1990, or the initial
220 approved operation plan if the initial approval is subsequent to January 1, 1990; or
221 (d) an application for modification of a commercial nonhazardous solid or hazardous
222 waste treatment, storage, or disposal facility, other than an incinerator, if the modification
223 would be outside the boundaries of the property owned or controlled by the applicant, as shown
224 in the application or approved operation plan as of January 1, 1990, or the initial approved
225 operation plan if the initial approval is subsequent to January 1, 1990.
226 (2) Capacity under Subsection (1)(b) shall be calculated based on the throughput
227 tonnage specified for the trial burn in the operation plan or the operation plan application if no
228 operation plan approval has been issued as of January 1, 1990, and on annual operations of
229 7,000 hours.
230 (3) (a) (i) No person may own, construct, modify, or operate any facility or site for the
231 purpose of disposing of nonhazardous solid waste or treating, storing, or disposing of
232 hazardous waste without first submitting and receiving the approval of the executive secretary
233 for [a nonhazardous solid or hazardous waste] an operation plan for that facility or site.
234 (ii) (A) A permittee who is the current owner of a facility or site that is subject to an
235 operation plan may submit to the executive secretary information, a report, a plan, or other
236 request for approval for a proposed activity under an operation plan:
237 (I) after obtaining the consent of any other permittee who is a current owner of the
238 facility or site; and
239 (II) without obtaining the consent of any other permittee who is not a current owner of
240 the facility or site.
241 (B) The executive secretary may not:
242 (I) withhold an approval of an operation plan requested by a permittee who is a current

243 owner of the facility or site on the grounds that another permittee who is not a current owner of
244 the facility or site has not consented to the request; or
245 (II) give an approval of an operation plan requested by a permittee who is not a current
246 owner before receiving consent of the current owner of the facility or site.
247 (b) (i) Except for facilities that receive the following wastes solely for the purpose of
248 recycling, reuse, or reprocessing, no person may own, construct, modify, or operate any
249 commercial facility that accepts for treatment or disposal, with the intent to make a profit, any
250 of the wastes listed in Subsection (3)(b)(ii) without first submitting a request to and receiving
251 the approval of the executive secretary for an operation plan for that facility site.
252 (ii) Wastes referred to in Subsection (3)(b)(i) are:
253 (A) fly ash waste, bottom ash waste, slag waste, or flue gas emission control waste
254 generated primarily from the combustion of coal or other fossil fuels;
255 (B) wastes from the extraction, beneficiation, and processing of ores and minerals; or
256 (C) cement kiln dust wastes.
257 (c) (i) No person may construct any facility listed under Subsection (3)(c)(ii) until he
258 receives, in addition to and subsequent to local government approval and subsequent to the
259 approval required in Subsection (3)(a), approval by the governor and the Legislature.
260 (ii) Facilities referred to in Subsection (3)(c)(i) are:
261 (A) commercial nonhazardous solid or hazardous waste treatment or disposal facilities;
262 and
263 (B) except for facilities that receive the following wastes solely for the purpose of
264 recycling, reuse, or reprocessing, any commercial facility that accepts for treatment or disposal,
265 with the intent to make a profit: fly ash waste, bottom ash waste, slag waste, or flue gas
266 emission control waste generated primarily from the combustion of coal or other fossil fuels;
267 wastes from the extraction, beneficiation, and processing of ores and minerals; or cement kiln
268 dust wastes.
269 (d) No person need obtain gubernatorial or legislative approval for the construction of
270 a hazardous waste facility for which an operating plan has been approved by or submitted for
271 approval to the executive secretary under this section before April 24, 1989, and which has
272 been determined, on or before December 31, 1990, by the executive secretary to be complete,
273 in accordance with state and federal requirements for operating plans for hazardous waste

274 facilities even if a different geographic site is subsequently submitted.
275 (e) No person need obtain gubernatorial and legislative approval for the construction of
276 a commercial nonhazardous solid waste disposal facility for which an operation plan has been
277 approved by or submitted for approval to the executive secretary under this section on or before
278 January 1, 1990, and which, on or before December 31, 1990, the executive secretary
279 determines to be complete, in accordance with state and federal requirements applicable to
280 operation plans for nonhazardous solid waste facilities.
281 (f) Any person owning or operating a facility or site on or before November 19, 1980,
282 who has given timely notification as required by Section 3010 of the Resource Conservation
283 and Recovery Act of 1976, 42 U.S.C. Section 6921, et seq., and who has submitted a proposed
284 hazardous waste plan under this section for that facility or site, may continue to operate that
285 facility or site without violating this section until the plan is approved or disapproved under
286 this section.
287 (g) (i) The executive secretary shall suspend acceptance of further applications for a
288 commercial nonhazardous solid or hazardous waste facility upon a finding that he cannot
289 adequately oversee existing and additional facilities for permit compliance, monitoring, and
290 enforcement.
291 (ii) The executive secretary shall report any suspension to the Natural Resources,
292 Agriculture, and Environment Interim Committee.
293 (4) The executive secretary shall review each proposed nonhazardous solid or
294 hazardous waste operation plan to determine whether that plan complies with the provisions of
295 this part and the applicable rules of the board.
296 (5) (a) If the facility is a class I or class II facility, the executive secretary shall approve
297 or disapprove that plan within 270 days from the date it is submitted.
298 (b) Within 60 days after receipt of the plans, specifications, or other information
299 required by this section for a class I or II facility, the executive secretary shall determine
300 whether the plan is complete and contains all information necessary to process the plan for
301 approval.
302 (c) (i) If the plan for a class I or II facility is determined to be complete, the executive
303 secretary shall issue a notice of completeness.
304 (ii) If the plan is determined by the executive secretary to be incomplete, he shall issue

305 a notice of deficiency, listing the additional information to be provided by the owner or
306 operator to complete the plan.
307 (d) The executive secretary shall review information submitted in response to a notice
308 of deficiency within 30 days after receipt.
309 (e) The following time periods may not be included in the 270 day plan review period
310 for a class I or II facility:
311 (i) time awaiting response from the owner or operator to requests for information
312 issued by the executive secretary;
313 (ii) time required for public participation and hearings for issuance of plan approvals;
314 and
315 (iii) time for review of the permit by other federal or state government agencies.
316 (6) (a) If the facility is a class III or class IV facility, the executive secretary shall
317 approve or disapprove that plan within 365 days from the date it is submitted.
318 (b) The following time periods may not be included in the 365 day review period:
319 (i) time awaiting response from the owner or operator to requests for information
320 issued by the executive secretary;
321 (ii) time required for public participation and hearings for issuance of plan approvals;
322 and
323 (iii) time for review of the permit by other federal or state government agencies.
324 (7) If, within 365 days after receipt of a modification plan or closure plan for any
325 facility, the executive secretary determines that the proposed plan, or any part of it, will not
326 comply with applicable rules, the executive secretary shall issue an order prohibiting any action
327 under the proposed plan for modification or closure in whole or in part.
328 (8) Any person who owns or operates a facility or site required to have an approved
329 hazardous waste operation plan under this section and who has pending a permit application
330 before the United States Environmental Protection Agency shall be treated as having an
331 approved plan until final administrative disposition of the permit application is made under this
332 section, unless the board determines that final administrative disposition of the application has
333 not been made because of the failure of the owner or operator to furnish any information
334 requested, or the facility's interim status has terminated under Section 3005 (e) of the Resource
335 Conservation and Recovery Act, 42 U.S.C. Section 6925 (e).

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

367 disposing of potential nonhazardous solid or hazardous waste in the state and regionally;
368 (ii) a market analysis of the need for a commercial facility given existing and potential
369 generation of nonhazardous solid or hazardous waste in the state and regionally; and
370 (iii) a review of other existing and proposed commercial nonhazardous solid or
371 hazardous waste facilities regionally and nationally that would compete for the treatment,
372 storage, or disposal of the nonhazardous solid or hazardous waste;
373 (b) a description of the public benefits of the proposed facility, including:
374 (i) the need in the state for the additional capacity for the management of nonhazardous
375 solid or hazardous waste;
376 (ii) the energy and resources recoverable by the proposed facility;
377 (iii) the reduction of nonhazardous solid or hazardous waste management methods,
378 which are less suitable for the environment, that would be made possible by the proposed
379 facility; and
380 (iv) whether any other available site or method for the management of hazardous waste
381 would be less detrimental to the public health or safety or to the quality of the environment;
382 and
383 (c) compliance history of an owner or operator of a proposed commercial
384 nonhazardous solid or hazardous waste treatment, storage, or disposal facility, which may be
385 applied by the executive secretary in a nonhazardous solid or hazardous waste operation plan
386 decision, including any plan conditions.
387 (11) The executive secretary may not approve a commercial nonhazardous solid or
388 hazardous waste facility operation plan unless based on the application, and in addition to the
389 determination required in Subsections (9) and (10), the executive secretary determines that:
390 (a) the probable beneficial environmental effect of the facility to the state outweighs
391 the probable adverse environmental effect; and
392 (b) there is a need for the facility to serve industry within the state.
393 (12) Approval of a nonhazardous solid or hazardous waste operation plan may be
394 revoked, in whole or in part, if the person to whom approval of the plan has been given fails to
395 comply with that plan.
396 (13) The executive secretary shall review all approved nonhazardous solid and
397 hazardous waste operation plans at least once every five years.

398 (14) The provisions of Subsections (10) and (11) do not apply to hazardous waste
399 facilities in existence or to applications filed or pending in the department prior to April 24,
400 1989, that are determined by the executive secretary on or before December 31, 1990, to be
401 complete, in accordance with state and federal requirements applicable to operation plans for
402 hazardous waste facilities.
403 (15) The provisions of Subsections (9), (10), and (11) do not apply to a nonhazardous
404 solid waste facility in existence or to an application filed or pending in the department prior to
405 January 1, 1990, that is determined by the executive secretary, on or before December 31,
406 1990, to be complete in accordance with state and federal requirements applicable to operation
407 plans for nonhazardous solid waste facilities.
408 (16) Nonhazardous solid waste generated outside of this state that is defined as
409 hazardous waste in the state where it is generated and which is received for disposal in this
410 state shall not be disposed of at a nonhazardous waste disposal facility owned and operated by
411 local government or a facility under contract with a local government solely for disposal of
412 nonhazardous solid waste generated within the boundaries of the local government, unless
413 disposal is approved by the executive secretary.
414 (17) This section may not be construed to exempt any facility from applicable
415 regulation under the federal Atomic Energy Act, 42 U.S.C. Sections 2014 and 2021 through
416 2114.
417 Section 4. Section 19-6-108.3 is enacted to read:
418 19-6-108.3. Executive secretary to issue written assurances, make determinations,
419 and partition operation plans -- Board to make rules.
420 (1) Based upon risk to human health or the environment from potential exposure to
421 hazardous waste, the executive secretary may:
422 (a) even if corrective action is incomplete, issue an enforceable written assurance to a
423 person acquiring an interest in real property covered by an operation plan that the person to
424 whom the assurance is issued:
425 (i) is not a permittee under the operation plan; and
426 (ii) will not be subject to an enforcement action under this part for contamination that
427 exists or for violations under this part that occurred before the person acquired the interest in
428 the real property covered by the operation plan;

429 (b) determine that corrective action to the real property covered by the operation plan
430 is:
431 (i) complete;
432 (ii) incomplete;
433 (iii) unnecessary with an environmental covenant; or
434 (iv) unnecessary without an environmental covenant; and
435 (c) partition from an operation plan a portion of real property subject to the operation
436 plan after determining that corrective action for that portion of real property is:
437 (i) complete;
438 (ii) unnecessary with an environmental covenant; or
439 (iii) unnecessary without an environmental covenant.
440 (2) If the executive secretary determines that an environmental covenant is necessary
441 under Subsection (1)(b) or (c), the executive secretary shall require that the real property be
442 subject to an environmental covenant according to Title 57, Chapter 25, Uniform
443 Environmental Covenants Act.
444 (3) An assurance issued under Subsection (1) protects the person to whom the
445 assurance is issued from any cost recovery and contribution action under state law.
446 (4) By following the procedures and requirements of Title 63, Chapter 46b,
447 Administrative Procedures Act, the board may adopt rules to administer this section.
448 Section 5. Effective date.
449 If approved by two-thirds of all the members elected to each house, this bill takes effect
450 upon approval by the governor, or the day following the constitutional time limit of Utah
451 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
452 the date of veto override.