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S.B. 195 Enrolled
AN ACT RELATING TO HEALTH AND ENVIRONMENT; AMENDING THE DISPOSAL
FEE FOR HAZARDOUS WASTE THAT HAS BEEN TREATED SO IT MEETS STATE
TREATMENT STANDARDS OR IS NO LONGER HAZARDOUS WASTE AT THE
TIME OF DISPOSAL; AND PROVIDING AN EFFECTIVE DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
19-6-118, as last amended by Chapter 324, Laws of Utah 1995
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 19-6-118 is amended to read:
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 collect the fee under Subsection (2) from
(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 is subject to the fee under Subsection (2).
(2) (a) 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) When hazardous waste or mixed waste is received at a facility for treatment or disposal
and the fee required under this subsection is paid for that treatment or disposal, any subsequent
treatment or disposal of the waste is not subject to additional fees under this subsection.
(c) 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:
(i) meets the state treatment standards required for land disposal at the facility; or
(ii) is no longer a hazardous waste at the time of disposal at that facility.
under this section to the county in which the facility is located.
(ii) The county may use fees allocated under Subsection (c) to carry out its hazardous waste
monitoring and response programs.
into the restricted account created in Section 19-1-108.
(3) (a) The owner or operator shall pay the fees imposed under Subsection (1) 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) The department shall oversee and monitor hazardous waste treatment, disposal, and
incineration facilities, including federal government facilities located within the state. 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
(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.
Section 2. Effective date.
This act takes effect on July 1, 1997.
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