Title 19 Environmental Quality Code
Chapter 6 Hazardous Substances
Section 118 Hazardous waste and treated hazardous waste disposal fees.
19-6-118. Hazardous waste and treated hazardous waste disposal fees.
(1) (a) An owner or operator of any commercial hazardous waste or mixed waste
disposal or treatment facility that primarily receives hazardous or mixed wastes generated by
off-site sources not owned, controlled, or operated by the facility or site owner or operator, and
that is subject to the requirements of Section 19-6-108, shall pay the fee under Subsection (2).
(b) The owner or operator of each cement kiln, aggregate kiln, boiler, blender, or
industrial furnace that receives for burning hazardous waste generated by off-site sources not
owned, controlled, or operated by the owner or operator shall pay the fee under Subsection (2).
(2) (a) Through June 30, 2005, the owner or operator of each facility under Subsection (1)
shall collect from the generators of hazardous waste and mixed waste a fee of $28 per ton or
fraction of a ton on all hazardous waste and mixed waste received at the facility or site for
disposal, treatment, or both.
(b) On and after July 1, 2005, the owner or operator of each facility under Subsection (1)
shall pay a fee of $28 per ton on all hazardous waste and mixed waste received at the facility for
disposal, treatment, or both.
(c) The fee required under Subsection (2)(b) shall be calculated by multiplying the total
tonnage of waste, computed to the first decimal place, received during the calendar month by
$28.
(d) When hazardous waste or mixed waste is received at a facility for treatment or
disposal and the fee required under this Subsection (2) is paid for that treatment or disposal, any
subsequent treatment or disposal of the waste is not subject to additional fees under this
Subsection (2).
(e) (i) On and after July 1, 1997 through June 30, 2003, and on and after April 1, 2004
through June 30, 2005, hazardous waste received at a land disposal facility is subject to a fee of
$14 per ton or fraction of a ton, rather than the $28 fee under Subsection (2)(a), if the waste is
treated so that it:
(A) meets the state treatment standards required for land disposal at the facility; or
(B) is no longer a hazardous waste at the time of disposal at that facility.
(ii) On and after July 1, 2003, through March 31, 2004, hazardous waste received at a
land disposal facility for treatment and disposal is subject to the $28 fee imposed under
Subsection (2)(a).
(f) (i) On and after July 1, 2005, hazardous waste received at a land disposal facility is
subject to a fee of $14 per ton if the waste is treated so that it:
(A) meets the state treatment standards required for land disposal at the facility; or
(B) is no longer a hazardous waste at the time of disposal at that facility.
(ii) The fee required under Subsection (2)(f)(i) shall be calculated by multiplying the
tonnage of waste, computed to the first decimal place, received during the calendar month by
$14.
(g) (i) The department shall allocate at least 10% of the fees received from a facility
under this section to the county in which the facility is located.
(ii) The county may use fees allocated under Subsections (2)(e) and (f) to carry out its
hazardous waste monitoring and response programs.
(h) The department shall deposit the state portion of the fees received under this section
into the restricted account created in Section 19-1-108.
(3) (a) The owner or operator shall pay the fees imposed under this section to the
department on or before the 15th day of the month following the month in which the fee accrued.
(b) With the monthly fee, the owner or operator shall submit a completed form, as
prescribed by the department, specifying information required by the department to verify the
amount of waste received and the fee amount for which the owner or operator is liable.
(4) (a) The department shall oversee and monitor hazardous waste treatment, disposal,
and incineration facilities, including federal government facilities located within the state.
(b) The department may determine facility oversight priorities.
(5) (a) The department, in preparing its budget for the governor and the Legislature, shall
separately indicate the amount necessary to administer the hazardous waste program established
by this part.
(b) The Legislature shall appropriate the costs of administering this program.
(6) The Office of Legislative Fiscal Analyst shall monitor the fees collected under this
part.
(7) Mixed waste subject to a fee under this section is not subject to a fee under Section
19-3-106.
Amended by Chapter 10, 2005 General Session
Download Code Section Zipped WordPerfect 19_06_011800.ZIP 3,574 Bytes