19-1-307. Evaluation of closure, postclosure, and perpetual care and maintenance
for hazardous waste and radioactive waste treatment and disposal facilities -- Report.
(1) (a) Beginning in 2006, the Solid and Hazardous Waste Control Board created in
Section 19-1-106 shall direct an evaluation every five years of:
(i) the adequacy of the amount of financial assurance required for closure and postclosure
care under 40 C.F.R. subpart H, Sections 264.140 through 264.151 submitted pursuant to a
hazardous waste operation plan for a commercial hazardous waste treatment, storage, or disposal
facility under Section 19-6-108; and
(ii) the adequacy of the amount of financial assurance or funds required for perpetual
care and maintenance following the closure and postclosure period of a commercial hazardous
waste treatment, storage, or disposal facility, if found necessary following the evaluation under
Subsection (1)(c).
(b) The evaluation shall determine:
(i) whether the amount of financial assurance required is adequate for closure and
postclosure care of hazardous waste treatment, storage, or disposal facilities;
(ii) whether the amount of financial assurance or funds required is adequate for perpetual
care and maintenance following the closure and postclosure period of a commercial hazardous
waste treatment, storage, or disposal facility, if found necessary following the evaluation under
Subsection (1)(c); and
(iii) the costs above the minimal maintenance and monitoring for reasonable risks that
may occur during closure, postclosure, and perpetual care and maintenance of commercial
hazardous waste treatment, storage, or disposal facilities including:
(A) groundwater corrective action;
(B) differential settlement failure; or
(C) major maintenance of a cell or cells.
(c) The Solid and Hazardous Waste Control Board shall evaluate in 2006 whether
financial assurance or funds are necessary for perpetual care and maintenance following the
closure and postclosure period of a commercial hazardous waste treatment, storage, or disposal
facility to protect human health and the environment.
(2) (a) Beginning in 2006, the Radiation Control Board created in Section 19-1-106 shall
direct an evaluation every five years of:
(i) the adequacy of the Radioactive Waste Perpetual Care and Maintenance Fund; and
(ii) the adequacy of the amount of financial assurance required for closure and
postclosure care of commercial radioactive waste treatment or disposal facilities under
Subsection 19-3-104(12).
(b) The evaluation shall determine:
(i) whether the fund is adequate to provide for perpetual care and maintenance of
commercial radioactive waste treatment or disposal facilities;
(ii) whether the amount of financial assurance required is adequate to provide for closure
and postclosure care of commercial radioactive waste treatment or disposal facilities;
(iii) the costs under Subsection 19-3-106.2(5)(b) of using the Radioactive Waste
Perpetual Care and Maintenance Fund during the period before the end of 100 years following
final closure of the facility for maintenance, monitoring, or corrective action in the event that the
owner or operator is unwilling or unable to carry out the duties of postclosure maintenance,
monitoring, or corrective action; and
(iv) the costs above the minimal maintenance and monitoring for reasonable risks that
may occur during closure, postclosure, and perpetual care and maintenance of commercial
radioactive waste treatment or disposal facilities including:
(A) groundwater corrective action;
(B) differential settlement failure; or
(C) major maintenance of a cell or cells.
(3) The boards under Subsections (1) and (2) shall submit a joint report on the
evaluations to the Legislative Management Committee on or before October 1 of the year in
which the report is due.
Enacted by Chapter 10, 2005 General Session
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Last revised: Thursday, May 28, 2009