landfills, surface impoundments, land treatment units, thermal treatment units, or underground
injection wells, that primarily receive wastes generated by sources owned, controlled, or operated
by the facility owner or operator, as class III facilities.
(b) The maximum fee for filing and review of each class III facility operation plan is
$100,000 and is due and payable as follows:
(i) The owner or operator shall, at the time of filing for plan review, pay to the
department the nonrefundable sum of $1,000.
(ii) The department shall bill the owner or operator of each class III facility for actual
costs of operation plan review, up to an additional $99,000.
(7) (a) All other hazardous waste facilities are designated as class IV facilities.
(b) The maximum fee for filing and review of each class IV facility operation plan is
$50,000 and is due and payable as follows:
(i) The owner or operator shall, at the time of filing for plan review, pay to the
department the nonrefundable sum of $1,000.
(ii) The department shall bill the owner or operator of each class IV facility for actual
costs of operation plan review, up to an additional $49,000.
(8) (a) The maximum fee for filing and review of each major modification plan and major
closure plan for a class I, class II, or class III facility is $50,000 and is due and payable as
follows:
(i) The owner or operator shall, at the time of filing for that review, pay to the department
the nonrefundable sum of $1,000.
(ii) The department shall bill the owner or operator of the hazardous waste facility for
actual costs of the review, up to an additional $49,000.
(b) The maximum fee for filing and review of each minor modification and minor closure
plan for a class I, class II, or class III facility, and of any modification or closure plan for a class
IV facility, is $20,000, and is due and payable as follows:
(i) The owner or operator shall, at the time of filing for that review, pay to the department
the nonrefundable sum of $1,000.
(ii) The department shall bill the owner or operator of the hazardous waste facility for
actual costs of review up to an additional $19,000.
(c) The owner or operator of a thermal treatment unit shall submit a trial or test burn
schedule 90 days prior to any planned trial or test burn. At the time the schedule is submitted, the
owner or operator shall pay to the department the nonrefundable fee of $25,000. The department
shall apply the fee to the costs of the review and processing of each trial or test burn plan, trial or
test burn, and trial or test burn data report. The department shall bill the owner or operator of the
facility for any additional actual costs of review and preparation.
(9) (a) The owner or operator of a class III facility may obtain a plan review within the
time periods for a class II facility operation plan by paying, at the time of filing for plan review,
the maximum fee for a class II facility operation plan.
(b) The owner or operator of a class IV facility may obtain a plan review within the time
periods for a class II facility operation plan by paying, at the time of filing for plan review, the
maximum fee for a class III facility operation plan.
(c) An owner or operator of a class I, class II, or class III facility who submits a major
modification plan or a major closure plan may obtain a plan review within the time periods for a
class II facility operation plan by paying, at the time of filing for plan review, the maximum fee
for a class II facility operation plan.
(d) An owner or operator of a class I, class II, or class III facility who submits a minor
modification plan or a minor closure plan, and an owner or operator of a class IV facility who
submits a modification plan or a closure plan, may obtain a plan review within the time periods
for a class II facility operation plan by paying, at the time of filing for plan review, the maximum
fee for a class III facility operation plan.
(10) All fees received by the department under this section shall be deposited in the
General Fund as dedicated credits for hazardous waste plan reviews in accordance with
Subsection (12) and Section 19-6-108. All funding of the hazardous waste plan review program is
nonlapsing.
(11) (a) (i) The executive secretary shall establish an accounting procedure that separately
accounts for fees paid by each owner or operator who submits a hazardous waste operation plan
for approval under Section 19-6-108 and pays fees for hazardous waste plan reviews under this
section or Section 19-1-201.
(ii) The executive secretary shall credit all fees paid by the owner or operator to that
owner or operator.
(iii) The executive secretary shall account for costs actually incurred in reviewing each
operation plan and may only use the fees of each owner or operator for review of that owner or
operator's plan.
(b) If the costs actually incurred by the department in reviewing a hazardous waste
operation plan of any facility are less than the nonrefundable fee paid by the owner or operator
under this section, the department may, upon approval or disapproval of the plan by the board or
upon withdrawal of the plan by the owner or operator, use any remaining funds that have been
credited to that owner or operator for the purposes of administering provisions of the hazardous
waste programs and activities authorized by this part.
(12) (a) With regard to any review of a hazardous waste operation plan, modification
plan, or closure plan that is pending on April 25, 1988 the executive secretary may assess fees for
that plan review.
(b) The total amount of fees paid by an owner or operator of a hazardous waste facility
whose plan review is affected by this subsection may not exceed the maximum fees allowable
under this section for the appropriate class of facility.
(13) (a) The department shall maintain accurate records of its actual costs for each plan
review under this section.
(b) Those records shall be available for public inspection.
Amended by Chapter 282, 1992 General Session
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