First Substitute S.B. 195

1

WASTE DISPOSAL FEE AMENDMENT
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: John P. Holmgren
5 AN ACT RELATING TO HEALTH AND ENVIRONMENT; AMENDING THE DISPOSAL
6 FEE FOR HAZARDOUS WASTE THAT HAS BEEN TREATED SO IT MEETS STATE
7 TREATMENT STANDARDS OR IS NO LONGER HAZARDOUS WASTE AT THE TIME
8 OF DISPOSAL; AND PROVIDING AN EFFECTIVE DATE.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 19-6-118, as last amended by Chapter 324, Laws of Utah 1995
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 19-6-118 is amended to read:
14 19-6-118. Hazardous waste disposal fee.
15 (1) (a) An owner or operator of any commercial hazardous waste or mixed waste disposal
16 or treatment facility that primarily receives hazardous or mixed wastes generated by off-site
17 sources not owned, controlled, or operated by the facility or site owner or operator, and that is
18 subject to the requirements of Section 19-6-108, shall collect the fee under Subsection (2) from
19 the generator.
20 (b) The owner or operator of each cement kiln, aggregate kiln, boiler, blender, or industrial
21 furnace that receives for burning hazardous waste generated by off-site sources not owned,
22 controlled, or operated by the owner or operator is subject to the fee under Subsection (2).
23 (2) (a) The owner or operator of each facility under Subsection (1) shall collect from the
24 generators of hazardous waste and mixed waste a fee of $28 per ton or fraction of a ton on all
25 hazardous waste and mixed waste received at the facility or site for disposal, treatment, or both.
26 (b) When hazardous waste or mixed waste is received at a facility for treatment or disposal
27 and the fee required under this subsection is paid for that treatment or disposal, any subsequent

1 treatment or disposal of the waste is not subject to additional fees under this subsection.
2 (c) hazardous waste received at a land disposal facility is subject to a fee of $14 per ton
3 or fraction of a ton, rather than the $28 fee under Subsection (2)(a), if the waste is treated so that
4 it:
5 (i) meets the state treatment standards required for land disposal at the facility; or
6 (ii) is no longer a hazardous waste at the time of disposal at that facility.
7 [(c)] (d) (i) The department shall allocate at least 10% of the fees received from a facility
8 under this section to the county in which the facility is located.
9 (ii) The county may use fees allocated under Subsection (c) to carry out its hazardous
10 waste monitoring and response programs.
11 [(d)] (e) The department shall deposit the state portion of the fees received under this
12 section into the restricted account created in Section 19-1-108.
13 (3) (a) The owner or operator shall pay the fees imposed under Subsection (1) to the
14 department on or before the 15th day of the month following the month in which the fee accrued.
15 (b) With the monthly fee, the owner or operator shall submit a completed form, as
16 prescribed by the department, specifying information required by the department to verify the
17 amount of waste received and the fee amount for which the owner or operator is liable.
18 (4) The department shall oversee and monitor hazardous waste treatment, disposal, and
19 incineration facilities, including federal government facilities located within the state. The
20 department may determine facility oversight priorities.
21 (5) (a) The department, in preparing its budget for the governor and the Legislature, shall
22 separately indicate the amount necessary to administer the hazardous waste program established
23 by this part.
24 (b) The Legislature shall appropriate the costs of administering this program.
25 (6) The Office of Legislative Fiscal Analyst shall monitor the fees collected under this
26 part.
27 Section 2. Effective date.
28 This act takes effect on July 1, 1997.

- 2 -