First Substitute H.B. 68

1

DISPOSAL FEE FOR CONSTRUCTION AND
2 DEMOLITION WASTE
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Daniel H. Tuttle
6 AN ACT RELATING TO HEALTH AND ENVIRONMENT; PROVIDING A DEFINITION OF
7 "CONSTRUCTION WASTE"; ESTABLISHING A FEE EXEMPTION FOR DISPOSAL OF
8 CONSTRUCTION WASTE; AND PROVIDING AN EFFECTIVE DATE.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 19-6-102, as last amended by Chapter 12, Laws of Utah 1994
12 19-6-119, as last amended by Chapter 230, Laws of Utah 1996
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 19-6-102 is amended to read:
15 19-6-102. Definitions.
16 As used in this part:
17 (1) "Board" means the Solid and Hazardous Waste Control Board created in Section
18 19-1-106.
19 (2) "Closure plan" means a plan under Section 19-6-108 to close a facility or site at which
20 the owner or operator has disposed of nonhazardous solid waste or has treated, stored, or disposed
21 of hazardous waste including, if applicable, a plan to provide postclosure care at the facility or site.
22 (3) (a) "Commercial nonhazardous solid waste treatment, storage, or disposal facility"
23 means a facility that receives, for profit, nonhazardous solid waste for treatment, storage, or
24 disposal.
25 (b) "Commercial nonhazardous solid waste treatment, storage, or disposal facility" does
26 not include a facility that:
27 (i) receives waste for recycling;

1 (ii) receives waste to be used as fuel, in compliance with federal and state requirements;
2 or
3 (iii) is solely under contract with a local government within the state to dispose of
4 nonhazardous solid waste generated within the boundaries of the local government.
5 (4) Construction waste or demolition waste:
6 (a) means waste from building materials, packaging, and rubble resulting from
7 construction, demolition, remodeling, and repair of pavements, houses, commercial buildings, and
8 other structures;
9 (b) may include bricks, concrete, other masonry materials, soil, rock, untreated lumber,
10 rebar, and tree stumps; and
11 (c) does not include: asbestos; contaminated soils or tanks resulting from remediation or
12 cleanup at any release or spill; waste paints; solvents; sealers; adhesives; or similar hazardous or
13 potentially hazardous materials.
14 (5) "Demolition waste" has the same meaning as the definition of construction waste in
15 this section.
16 [(4)] (6) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking,
17 or placing of any solid or hazardous waste into or on any land or water so that the waste or any
18 constituent of the waste may enter the environment, be emitted into the air, or discharged into any
19 waters, including groundwaters.
20 [(5)] (7) "Executive secretary" means the executive secretary of the board.
21 [(6)] (8) "Generation" or "generated" means the act or process of producing nonhazardous
22 solid or hazardous waste.
23 [(7)] (9) "Hazardous waste" means a solid waste or combination of solid wastes which,
24 because of its quantity, concentration, or physical, chemical, or infectious characteristics may
25 cause or significantly contribute to an increase in mortality or an increase in serious irreversible
26 or incapacitating reversible illness or may pose a substantial present or potential hazard to human
27 health or the environment when improperly treated, stored, transported, disposed of, or otherwise
28 managed.
29 [(8)] (10) "Health facility" means hospitals, psychiatric hospitals, home health agencies,
30 hospices, skilled nursing facilities, intermediate care facilities, intermediate care facilities for the
31 mentally retarded, residential health care facilities, maternity homes or birthing centers, free

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1 standing ambulatory surgical centers, facilities owned or operated by health maintenance
2 organizations, and state renal disease treatment centers including free standing hemodialysis units,
3 the offices of private physicians and dentists whether for individual or private practice, veterinary
4 clinics, and mortuaries.
5 [(9)] (11) "Infectious waste" means a solid waste that contains or may reasonably be
6 expected to contain pathogens of sufficient virulence and quantity that exposure to the waste by
7 a susceptible host could result in an infectious disease.
8 [(10)] (12) "Manifest" means the form used for identifying the quantity, composition,
9 origin, routing, and destination of hazardous waste during its transportation from the point of
10 generation to the point of disposal, treatment, or storage.
11 [(11)] (13) "Mixed waste" means any material that is a hazardous waste as defined in this
12 chapter and is also radioactive as defined in Section 19-3-102.
13 [(12)] (14) "Modification plan" means a plan under Section 19-6-108 to modify a facility
14 or site for the purpose of disposing of nonhazardous solid waste or treating, storing, or disposing
15 of hazardous waste.
16 [(13)] (15) "Operation plan" or "nonhazardous solid or hazardous waste operation plan"
17 means a plan under Section 19-6-108 to own, construct, or operate a facility or site for the purpose
18 of disposing of nonhazardous solid waste or treating, storing, or disposing of hazardous waste.
19 [(14)] (16) (a) "Solid waste" means any garbage, refuse, sludge, including sludge from a
20 waste treatment plant, water supply treatment plant, or air pollution control facility, or other
21 discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from
22 industrial, commercial, mining, or agricultural operations and from community activities but does
23 not include solid or dissolved materials in domestic sewage or in irrigation return flows or
24 discharges for which a permit is required under Title 19, Chapter 5, Water Quality Act, or under
25 the Water Pollution Control Act, 33 U.S.C., Section 1251, et seq.
26 (b) "Solid waste" does not include any of the following wastes unless the waste causes a
27 public nuisance or public health hazard or is otherwise determined to be a hazardous waste:
28 (i) certain large volume wastes, such as inert construction debris used as fill material;
29 (ii) drilling muds, produced waters, and other wastes associated with the exploration,
30 development, or production of oil, gas, or geothermal energy;
31 (iii) fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste

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1 generated primarily from the combustion of coal or other fossil fuels;
2 (iv) solid wastes from the extraction, beneficiation, and processing of ores and minerals;
3 or
4 (v) cement kiln dust.
5 [(15)] (17) "Storage" means the actual or intended containment of solid or hazardous waste
6 either on a temporary basis or for a period of years in such a manner as not to constitute disposal
7 of the waste.
8 [(16)] (18) "Transportation" means the off-site movement of solid or hazardous waste to
9 any intermediate point or to any point of storage, treatment, or disposal.
10 [(17)] (19) "Treatment" means a method, technique, or process designed to change the
11 physical, chemical, or biological character or composition of any solid or hazardous waste so as
12 to neutralize the waste or render the waste nonhazardous, safer for transport, amenable for
13 recovery, amenable to storage, or reduced in volume.
14 [(18)] (20) "Underground storage tank" means a tank which is regulated under Subtitle I
15 of the Resource Conservation and Recovery Act, 42 U.S.C., Section 6991, et seq.
16 Section 2. Section 19-6-119 is amended to read:
17 19-6-119. Nonhazardous solid waste disposal fee.
18 (1) (a) An owner or operator of any commercial nonhazardous solid waste disposal facility
19 or incinerator, or any commercial facility, except for facilities that receive the following wastes
20 solely for the purpose of recycling, reuse, or reprocessing, that accepts for treatment or disposal,
21 and with the intent to make a profit, fly ash waste, bottom ash waste, slag waste, or flue gas
22 emission control waste generated primarily from the combustion of coal or other fossil fuels; waste
23 from the extraction, beneficiation, and processing of ores and minerals, or cement kiln dust wastes
24 for treatment or disposal, that is required to have a plan approval under Section 19-6-108, and that
25 primarily receives waste generated by off-site sources not owned, controlled, or operated by the
26 facility or site owner or operator, shall pay the following fees per ton or fraction of a ton, on all
27 nonhazardous solid waste that is received at the facility or site for disposal:
28 (i) on and after July 1, 1992, through June 30, 1993, a fee of $1.50 per ton or fraction of
29 a ton on all nonhazardous solid waste received at the facility or site for disposal or treatment;
30 (ii) on and after July 1, 1993, through June 30, 1994, a fee of $2.00 per ton or fraction of
31 a ton on all nonhazardous solid waste received at the facility or site for disposal or treatment; and

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1 (iii) on and after July 1, 1994, a fee of $2.50 per ton or fraction of a ton on all
2 nonhazardous solid waste received at the facility or site for disposal or treatment.
3 (b) When nonhazardous solid waste, fly ash waste, bottom ash waste, slag waste, or flue
4 gas emission control waste generated primarily from the combustion of coal or other fossil fuels;
5 waste from the extraction, beneficiation, and processing of ores and minerals, or cement kiln dust
6 wastes, is received at a facility for treatment or disposal and the fee required under Subsection (a)
7 is paid for that treatment or disposal, any subsequent treatment or disposal of the waste is not
8 subject to additional fees under Subsection (a).
9 (c) An owner or operator of any commercial nonhazardous solid waste disposal facility
10 that receives only construction and demolition waste is not required to pay the fee under
11 Subsection (1)(a) on any construction and demolition waste received at the facility or site for
12 disposal.
13 (2) An owner or operator of any commercial nonhazardous solid waste disposal facility
14 that receives municipal waste, including municipal incinerator ash, is not required to pay the fee
15 required by Subsection (1) but shall pay a fee of 50 cents per ton, or fraction of a ton, on all
16 municipal waste including municipal incinerator ash that is received at the facility or site for
17 disposal.
18 (3) (a) The owner or operator of a commercial nonhazardous solid waste disposal facility
19 or incinerator shall pay to the department all fees imposed under this section on or before the 15th
20 day of the month following the month in which the fee accrued.
21 (b) With the monthly fee, the owner or operator shall submit a completed form, as
22 prescribed by the department, specifying information required by the department to verify the
23 amount of waste received and the fee amount for which the owner or operator is liable.
24 (c) The department shall deposit all fees received under this section into the restricted
25 account created in Section 19-1-108.
26 (4) (a) The department, in preparing its budget for the governor and the Legislature, shall
27 separately indicate the amount necessary to administer the solid waste program established by this
28 part.
29 (b) The Legislature shall appropriate the costs of administering this program.
30 (c) The department may contract or agree with a county to assist in performing
31 nonhazardous solid waste management activities, including agreements for:

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1 (i) the development of a solid waste management plan required under Section 17-15-23;
2 and
3 (ii) pass-through of available funding.
4 (5) This section may not be construed to exempt any facility from applicable regulation
5 under the federal Atomic Energy Act, 42 U.S.C. Sections 2014 and 2021 through 2114.
6 Section 3. Effective date.
7 This act takes effect on July 1, 1997.

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