H.B. 124

1

RADIATION CONTROL AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Brad L. Dee
5 Senate Sponsor: Ralph Okerlund
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions related to the regulation of radioactive waste disposal.
10 Highlighted Provisions:
11 This bill:
12 . amends provisions relating to the funding of radioactive waste disposal regulation;
13 . increases civil penalties for the violation of certain provisions;
14 . provides for Division of Radiation Control access to radioactive waste disposal
15 facilities under certain circumstances; and
16 . makes technical changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 19-1-108, as last amended by Laws of Utah 2010, Chapter 17
24 19-3-106.4, as last amended by Laws of Utah 2012, Chapter 360
25 19-3-109, as last amended by Laws of Utah 2012, Chapter 360
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 19-1-108 is amended to read:
29 19-1-108. Creation of Environmental Quality Restricted Account -- Purpose of
30 restricted account -- Sources of funds -- Uses of funds.
31 (1) There is created the Environmental Quality Restricted Account.
32 (2) The sources of money for the restricted account are:
33 (a) radioactive waste disposal fees collected under Sections 19-3-106 and 19-3-106.4
34 and other fees collected under Subsection 19-3-104 (5);
35 (b) hazardous waste disposal fees collected under Section 19-6-118 ;
36 (c) PCB waste disposal fees collected under Section 19-6-118.5 ;
37 (d) nonhazardous solid waste disposal fees collected under Section 19-6-119 ; and
38 (e) the investment income derived from money in the Environmental Quality
39 Restricted Account.
40 (3) In each fiscal year, the first $400,000 collected from the waste disposal fees listed
41 in Subsection (2), collectively, shall be deposited in the General Fund as free revenue. The
42 balance shall be deposited in the Environmental Quality Restricted Account.
43 (4) The Legislature may annually appropriate money from the Environmental Quality
44 Restricted Account to:
45 (a) the department for the costs of administering radiation control programs;
46 (b) the department for the costs of administering solid and hazardous waste programs;
47 and
48 (c) subject to Subsection [(5)] (6), the Hazardous Substances Mitigation Fund, up to
49 $400,000, to provide money to:
50 (i) meet the state's cost share requirements for cleanup under the Comprehensive
51 Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Sec. 9601 et seq.
52 as amended; and
53 (ii) respond to an emergency as provided in Section 19-6-309 .
54 (5) After the requirements of Subsection (3) are met, sources of money for the
55 restricted account described in Subsection (2)(a) may only be used for the purpose described in
56 Subsection (4)(a).
57 [(5)] (6) An annual request for money to be appropriated from the Environmental
58 Quality Restricted Account to the Hazardous Substances Mitigation Fund may be made by the

59 department only after the executive director's review of the Environmental Quality Restricted
60 Account's or the Hazardous Substances Mitigation Fund's balance as of the end of the fiscal
61 year immediately before the general session for which the request is made.
62 [(6)] (7) In order to stabilize funding for the radiation control program and the solid
63 and hazardous waste program, the Legislature shall in years of excess revenues reserve in the
64 Environmental Quality Restricted Account sufficient money to meet departmental needs in
65 years of projected shortages.
66 [(7)] (8) The Legislature may not appropriate money from the General Fund to the
67 department as a supplemental appropriation to cover the costs of the radiation control program
68 and the solid and hazardous waste program in an amount exceeding 25% of the amount of
69 waste disposal fees collected during the most recent prior fiscal year.
70 [(8)] (9) Money appropriated under this part that is not expended at the end of the
71 fiscal year lapses into the Environmental Quality Restricted Account.
72 [(9)] (10) (a) The balance in the Environmental Quality Restricted Account may not
73 exceed $4,000,000 above the anticipated revenue need for the money in the restricted account
74 for the fiscal year.
75 (b) Excess funds under Subsection [(9)] (10)(a) shall be credited on a proportionate
76 basis to each person who paid money to the fund in the previous fiscal year.
77 Section 2. Section 19-3-106.4 is amended to read:
78 19-3-106.4. Generator site access permits.
79 (1) A generator or broker may not transfer radioactive waste to a commercial
80 radioactive waste treatment or disposal facility in the state without first obtaining a generator
81 site access permit from the director.
82 (2) The director may not grant a generator site access permit to a generator or broker
83 unless the generator or broker agrees to grant the division reasonable access to its facilities for
84 the inspection and verification of radioactive waste using Nuclear Regulatory Commission
85 approved accountability guidelines.
86 [(2)] (3) The board may make rules [pursuant to Section 19-3-104 ] in accordance with
87 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, governing a generator site access
88 permit program.
89 [(3)] (4) (a) Except as provided in Subsection [(3)] (4)(b), the division shall establish

90 fees for generator site access permits in accordance with Section 63J-1-504 .
91 (b) On and after July 1, 2001 through June 30, 2002, the fees are:
92 (i) $1,300 for generators transferring 1,000 or more cubic feet of radioactive waste per
93 year;
94 (ii) $500 for generators transferring less than 1,000 cubic feet of radioactive waste per
95 year; and
96 (iii) $5,000 for brokers.
97 (c) The division shall deposit fees received under this section into the Environmental
98 Quality Restricted Account created in Section 19-1-108 .
99 [(4)] (5) This section does not apply to a generator or broker transferring radioactive
100 waste to a uranium mill licensed under 10 C.F.R. Part 40, Domestic Licensing of Source
101 Material.
102 Section 3. Section 19-3-109 is amended to read:
103 19-3-109. Civil penalties -- Appeals.
104 (1) A person who violates [any] a provision of [Sections 19-3-104 through 19-3-113 ,
105 any] this part, a rule or order issued under the authority of [those sections] this part, or the
106 terms of a license, permit, or registration certificate issued under the authority of [those
107 sections] this part is subject to a civil penalty not to exceed [$5,000] $10,000 for each
108 violation.
109 (2) The director may assess and make a demand for payment of a penalty under this
110 section and may compromise or remit that penalty.
111 (3) In order to make demand for payment of a penalty assessed under this section, the
112 director shall issue a notice of agency action, specifying, in addition to the requirements for
113 notices of agency action contained in Title 63G, Chapter 4, Administrative Procedures Act:
114 (a) the date, facts, and nature of each act or omission charged;
115 (b) the provision of the statute, rule, order, license, permit, or registration certificate
116 that is alleged to have been violated;
117 (c) each penalty that the director proposes to impose, together with the amount and
118 date of effect of that penalty; and
119 (d) that failure to pay the penalty or respond may result in a civil action for collection.
120 (4) A person notified according to Subsection (3) may request an adjudicative

121 proceeding.
122 (5) Upon request by the director, the attorney general may institute a civil action to
123 collect a penalty imposed under this section.
124 (6) (a) Except as provided in Subsection (6)(b), the department shall deposit all money
125 collected from civil penalties imposed under this section into the General Fund.
126 (b) The department may reimburse itself and local governments from money collected
127 from civil penalties for extraordinary expenses incurred in environmental enforcement
128 activities.
129 (c) The department shall regulate reimbursements by making rules that:
130 (i) define qualifying environmental enforcement activities; and
131 (ii) define qualifying extraordinary expenses.




Legislative Review Note
as of 2-4-13 3:03 PM

Office of Legislative Research and General Counsel

[Bill Documents]